General Terms and Conditions
GENERAL TERMS AND CONDITIONS
BEWIT Natural Medicine, s.r.o., for the sale of goods and the provision of digital content and digital services through an online store located at https://bewit.love
Information you should not overlook:
➔ You can choose the payment method and delivery option during the ordering process.
➔ By pressing the button ORDER AND PAY with us, you conclude a purchase contract for the goods and are obliged to pay us the purchase price.
➔ If we state that the goods are in stock, then we undertake to deliver the goods by the time specified in section 11 of these GTC.
➔ The customer consumer has the right to withdraw from the purchase contract without giving reasons within 14 days.
➔ More information about complaints and returns can be found in our complaints procedure.
➔ The protection of personal data of our customers is very important to us. Information o
What personal data we process, why and how, you can find in the processing principles
1 WHO ARE WE
BEWIT Natural Medicine, s.r.o.
Headquarters: Michalská 2030, Slezská Ostrava, 710 00 Ostrava, (hereinafter referred to as the "registered office address") a company registered in the Commercial Register at the Regional Court in Ostrava under No. C 53597 Reg: 29443237 VAT NUMBER: CZ29443237 phone: +420 552 305 105 e-mail: email@example.com (hereinafter referred to as "Seller" , "BEWIT Natural Medicine, s.r.o." or "we")
Bank accounts for payments from the Czech Republic
Česká spořitelna, a.s. (CZK)
Account number: 3424178359/0800
Fio banka, a.s. (CZK)
Account number: 2500498828/2010
Bank account for payments from Slovakia
Fio banka, a.s. (EUR)
Account number: 000000-2600498876/2010
Bank account for payments from Poland
Account number: 35109017820000000133205437
Bank account for payments from Hungary
Account number: 12092000-01564661-00100002
Bank account for payments by other foreign customers
Account number: 1129121/2060
2 WHERE TO FIND US
BEWIT Natural Medicine, s.r.o., Michalská 2030, Slezská Ostrava, 710 00 Ostrava (personal meeting is possible at this address by prior arrangement with the seller, on working days between 7:30 and 15:00).
Telephone: +420 552 305 105
3 WHAT ARE THE OTHER TERMS THAT ARE REPEATED IN OUR GENERAL TERMS AND CONDITIONS?
digital content, services in particular webinars, webinar recordings or other pre-recorded video lectures, ebooks, etc.;
electronic address the customer's electronic mail address specified in the user account, in the order or in another of our forms;
e-shop our online store, which we operate on the https://bewit.love; website;
purchase contract a commitment containing a number of rights and obligations - by us as the seller and you as the buyer, which we conclude jointly on the basis of your order of our goods and/or services on our website;
Civil Code Act No. 89/2012 Coll., Civil Code;
entrepreneur means a natural person or a legal entity that carries out continuous business activities - in his own name, on his own account and for the purpose of making a profit; we follow the principle that a customer who states his ID / VAT number or company data in the order legally acts with us as an entrepreneur;
seminar lecture (workshop / training) on a professional topic taking place offline, allowing personal contact and discussion with the lecturer - lecturer;
consumer means any natural person who legally acts without any connection with his business or independent exercise of his profession;
GTC these general terms and conditions, i.e. rules that bind us and you when concluding the Purchase Agreement;
webinar of online video lectures - live seminar led by a lecturer with the possibility of online discussion with the lecturer;
websiteInternet address https://bewit.love;
The customer is you, the buyer, whether you are a consumer or an entrepreneur.
4 WHAT WE HAVE TO TELL ALL CUSTOMERS BY LAW BEFORE CONCLUDING A PURCHASE CONTRACT
4.1 Seller's Authorisation and Control Authorities. The seller is entitled to sell goods on the basis of a trade license. A trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
4.2 Illustrative character of photographs of goods. All photos on the website are for illustrative purposes only.
4.3 Goods, price, costs. A description of our goods and services, including their main features, can be found on our website. The prices of goods include VAT, including statutory fees. We do not charge any additional costs for telecommunications (e.g. if you call us at our telephone number, you will only pay your normal telephone call rate).
4.4Copyright Law. The offered digital content and/or seminar may not be uploaded, copied or otherwise distributed. All texts, images, graphics and other parts of digital content and/or seminars are subject to copyright. Copying or sharing of any part of the digital content is prohibited. No reproduction of any part of the digital content and/or seminar may be sold or distributed, nor may it be modified or incorporated into any work, including, without limitation, any other work, publication or website. All printed and/or electronic materials, textbooks or any other documents received from us by the customer and/or student are also subject to the same copyright protection.
4.5 Payment Options. The specific conditions of payment methods and shipping options are described in more detail during the order itself. We will deliver the goods to you through a carrier that you choose from the options we offer or you can choose personal collection at our store.
4.6 Binding nature of the order. By placing an order by pressing the "ORDER & PAY"button in our online shop, the customer creates a binding order that obliges the customer to pay. The Customer has the opportunity to check and correct or change his order before sending the order, as described in more detail in Section 8 of these GTC.
4.7 Binding Force of the GTC. By sending the order, you also confirm that you have become familiar with the wording of these GTC.
4.8 Customer's rights from defective performance. The customer's rights arising from defective performance, or from the warranty, and the conditions for their exercise are described in section 14 of these GTC or in our complaints procedure.
4.9 Age. Digital content is intended for persons over 16 years of age, unless otherwise stated in the case.
5 WHAT WE HAVE TO TELL ALL CUSTOMERS BY LAW BEFORE CONCLUDING A PURCHASE CONTRACT
5.1 Right to withdraw from the purchase contract. The customer consumer has the right to withdraw from the purchase contract without giving reasons (unless otherwise stated) within a period of 14 days, which begins to run no later than:
5.1.1 in the case of a purchase contract, from the date of receipt of the goods; or
5.1.2 in the case of a purchase contract with delivery in multiple pieces/parts, from the date of receipt of the last delivery of goods; or
5.1.3 in the case of a purchase contract the subject of which is regular repeated deliveries of goods, from the date of receipt of the first delivery of goods;
5.1.4 from the conclusion of the contract if the supply of digital content is concerned;
provided that the consumer has the right to withdraw from the Purchase Contract even before the time specified in Articles 5.1.1 to 5.1.4 by informing us of his intention to withdraw from the Purchase Contract by any unambiguous statement, for example by completing and sending the withdrawal form from the Purchase Agreement via the Retino application (select the "Return" option) or by sending a message to our e-mail:firstname.lastname@example.org - you can use the sample form that forms Annex No. 1 to these GTC.
5.2 When it is NOT POSSIBLE to WITHDRAW from the purchase contract. The consumer is not entitled to withdraw from the following contracts:
5.2.1 for the supply of goods, that have been modified or created or modified at the customer's request or for his person;
5.2.2 on the supply of goods the price of which depends on financial market fluctuations independent of our will, which may occur during the withdrawal period;
5.2.3 on the supply of perishable goods and goods that have been irreversibly mixed with other goods after delivery;
5.2.4 the supply of goods in sealed packaging that the consumer has removed from the packaging and for health protection reasons or hygiene reasons should not be returned after the consumer has violated it, which also applies to audio or video recordings and computer programs if the customer has broken their original packaging;
5.2.5 on transport, on a specific date or during a specific period;
5.2.6 for the provision of services, if they have been fully provided; in the case of performance for consideration, only if it began with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that the right to withdraw from the contract expires by providing the performance;
5.2.7 on the supply of digital content if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and we have informed you before the conclusion of the purchase contract that in such a case you do not have the right to withdraw from the purchase contract.
5.3 Consumer's obligation to withdraw from the purchase contract. If the consumer withdraws from the purchase contract, he is obliged to send us back the goods acquired under the purchase contract from which he withdrew, no later than 14 days from the moment of withdrawal from the purchase contract. The customer consumer is obliged to send the goods back or return them complete, i.e. including all delivered accessories, all documentation, clean, undamaged and, if possible, including the original packaging, in the condition and value in which they were received. If there is a withdrawal from a contract for the provision of services, where our performance has already begun at the express request of the consumer, before the expiry of the 14-day withdrawal period, the consumer is obliged topay us a proportionate part of the price for the performance provided up to the moment of withdrawal.
5.4 Decrease in the Value of Goods. In the event of withdrawal from the purchase contract, the customer is responsible for the decrease in the value of the returned goods or the goods sent back, which occurred as a result of handling the goods in a manner other than that necessary to familiarize himself with the nature and characteristics and functionality of the goods. In the event that damaged or incomplete goods are returned to us, we will set off our claim for damages against the purchase price you request to return. , We will always evaluate a specific case to determine the degree of damage, depreciation of the goods and determine the corresponding reduced value. We will inform you about these steps to the e-mail address provided (by e-mail) or by phone.
5.5Address for the return of goods. Send/bring the goods back to: BEWIT Natural Medicine, s.r.o., Podnikatelská 878, Ostrava-Hrabová, 720 00 Ostrava. The cost of returning the goods upon withdrawal from the purchase contract shall be borne by the customer at his own expense.
5.6 Refund of the Purchase Price. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to return all money to the consumer, using the same payment method as when receiving the money, or to your chosen account without undue delay. Please note that we are only entitled to refund you once we have received the returned goods back from you.
5.7 Complaints. We provide out-of-court settlement of consumer complaints via e-mail email@example.com.
5.8 Out-of-court Dispute Resolution. The competent court for out-of-court settlement of consumer disputes arising from a purchase contract is the Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr Internet address can be used to resolve disputes between the seller and the customer under the purchase contract.
5.9 European Consumer Centre Czech Republic. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the 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/EC (Regulation on online consumer dispute resolution).
5.10 Reviews. Reviews can be submitted directly on our website or through the https://www.heureka.cz and/or https://www.zbozi.cz/ websites. Information on how these reviews are processed through Heureka and/or Zbozi.cz, can be found on their websites. Reviews can be entered by a customer with whom we have verified that they really bought the goods from us. More information can be found on our website. You can find more information about how we process reviews posted on our website here.
5.11 False or incomplete reviews. We reserve the right not to post customer reviews that are false, contain inappropriate language or are not related to the goods purchased.
5.12 Sorting of Goods. If you go to the sorting section of product categories on our website, you should know that we use rules to display goods according to your preferred selection criteria, which you can learn more about on our website.
5.13 Lessons in relation to digital content. Please note that we provide updates to purchased digital content to the extent permitted by law.
5.14 Harm caused by incorrect or incomplete information. We disclaim any liability for damage caused by incorrect or incomplete information or advice, especially in cases where the achievement of a certain result depends on the actions of the addressee of the council or other persons, or on uncontrollable facts or chance. We disclaim liability for any consequential damages arising directly or indirectly from any use of the Video Content that is provided without warranties of result.
5.15 We do not provide after-sales service. We inform the consumer that we do not provide after-sales service for our products, especially our aroma diffusers.
6 USER ACCOUNT
6.1Registration. Based on the customer's registration via e-mail, made on the store's website, the customer can access its user interface. The User confirms that he has become acquainted with and agrees with these GTC and the principles for the processing of personal data. If you decide to cooperate with us as a PARTNER, then our mutual relations are governed by the General Terms and Conditions for AFFILIATE NETWORKING.
6.2 USER ACCOUNT From its user interface, the Customer may order goods and digital content and seminars (hereinafter referred to as the "User Account") and use the so-called virtual office at www.mybewit.com. Through this user interface, it is also possible to place an order and activate the so-called autoship system, i.e. regular delivery of products selected by you. Only persons who are of legal age and have full legal capacity may create a user account. The customer can also order goods and digital content once without registration directly from the web interface of the store.
6.3 Obligation to provide true and correct information. When registering on the Website and ordering goods and digital content, the Customer is obliged to provide all data correctly and truthfully. The Customer is obliged to update the data provided in the User Account upon any change thereof. The data provided by the customer in the user account and when ordering goods are considered correct by the seller.
6.4 Maintenance Required.The user account is secured with a user name and a strong password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Customer is not entitled to allow the use of the User Account to third parties.
6.5 Possibility to cancel the user account if it is not used. We may cancel the user account, especially if the customer does not use his user account for more than 1 year, or if the customer breaches his obligations under the Purchase Agreement as amended by these GTC.
6.6 Maintenance Required. The Customer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance.
7 BEWIT FAMILY LOYALTY CLUB
7.1 Virtual Office. By setting up a user account, the customer gains access to a virtual office, discount campaigns and the opportunity to collect loyalty points, so-called BEWIT points (hereinafter referred to as "BP"). In connection with BP, each customer has a virtual wallet in their user account, where BP is credited in predetermined situations and BP is deducted for purchases in our e-shop. BP are exchangeable for Czech crowns (by sending the customer's bank account) under the conditions set out in our BEWIT cooperation rules.
7.2 BEWIT points. BP is obtained by the customer by purchasing goods and digital content in our e-shop. For each product, it is stated how much BP will be credited to the customer's user account for its purchase.
7.3Discounts. If the customer obtains, within a period of two consecutive months,
7.3.1 300 to 700 BP, acquires with us an unlimited right to discounts from list prices B on all purchases. Discounts from list prices B = discount up to 15% on selected products;
7.3.2 to 700 BP, acquires with us an unlimited right to discounts from list prices B on all purchases. Discounts from list prices C = discount up to 30% on selected products;
7.4 If the very first order exceeds the threshold for recognition of the discounted B list price (above 300 BP), the Registered Customer will pay the list price for the order and the discount that should have been earned on the part of the purchase above this threshold will be credited automatically to their Bewit Virtual Wallet. He can later use this amount as a credit on his next purchase or have it sent to his bank account.
7.5 If the very first order exceeds the threshold for recognition of the discounted C list price (above 700 BP), the Registered Customer will pay the list price for the order and the discount that should have been earned on the part of the purchase above this threshold will be credited automatically to their Bewit Virtual Wallet. He can later use this amount as a credit on his next purchase or have it sent to his bank account.
7.6Further information. An overview of other benefits and discounts that the Customer can obtain for BP is available in the BEWIT Principles of Operation.
8 HOW TO ORDER AND CONCLUDE A PURCHASE CONTRACT
8.1 Order Creation. By placing goods and/or digital content in the cart, choosing the mode of transport and payment for selected goods and/or digital content, filling in contact and billing information, the customer creates his order in the e-shop.
8.2 Properties of Goods and Digital Content. Before completing the order, the customer is obliged to familiarise themself with the characteristics, type and recommended use of the goods and/or digital content. By placing an order, the customer confirms that he has become acquainted with this information and that they understand it.
8.3 Essential oil blends: Essential oils are intended for aromatherapy in the form of dispersion in the air, e.g. diffuser, aroma lamp, or free evaporation, unless otherwise stated for the goods; these oils can be used no more than 3 times a day for one hour; before using by inhalation, it is necessary to test whether the fragrance does not cause allergies and if so, we do not recommend taking the oil. In case of contact with eyes, mucous membranes and skin, it is necessary to dilute the essential oil with vegetable oil and immediately seek medical help; Do not use essential oils on children under 3 years of age. By placing an order, the customer confirms that he has become acquainted with this information and that they understand it.
8.4Safety Data Sheets. The customer is also obliged to familiarize himself with the safety data sheet according to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006, which is published for the relevant goods and can be stored on disk (download next to the product description). By placing an order, the customer confirms that he has become familiar with the safety data sheets relating to the ordered goods and that he understands them.
8.5Checking the order. Before completing the order, the customer is allowed to check and change the data he has entered into the order.
8.6 Order Shipping Process. The order is sent by clicking on the "ORDER AND PAY"button and the order process is terminated. By submitting an order, the customer confirms that he has agreed to these General Terms and Conditions and has read our personal data processing policy.
8.7 The veracity of the data filled in the order. The data stated in the order are considered correct by the seller. If it is found during the processing of the order that manifestly false or incomplete data has been used, we may refuse the order, of which you will be notified by e-mail. The customer may be liable for damage caused by providing deliberately false or incorrect data.
8.8 Additional confirmation of the order by the customer. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to ask the Customer for additional confirmation of the order (for example, by e-mail or telephone) and is also entitled to ask the Customer to specify the correctness of the selection of the quantity of goods.
8.9 When is the purchase contract concluded? The purchase contract is concluded at the moment of pressing the "ORDER AND PAY"button.
8.10. Order confirmation by the seller. A customer who completes an order will receive an automatic confirmation of delivery of the order from us to the customer's e-mail address.
8.11 Seller's Obligations. By concluding a purchase contract, we undertake to hand over the purchased goods or digital content to you and enable you to acquire ownership of the goods or digital content, and you undertake to take over the goods or digital content and pay us the price of the goods or digital content.
8.12 Obligations of the Seller and the Buyer of the Online Webinar. By concluding a purchase contract for the provision of digital content - access (agreed number of accesses) to participate in a webinar, we undertake to send you an electronically unique link to the webinar and enable you to participate in this webinar at the agreed time and you undertake to pay us the price for access (agreed number of accesses) to participate in the webinar.
8.13 Obligations of the Seller and the Buyer of the Online Webinar. By concluding a purchase contract for the provision of other digital content (e.g. a recording of a webinar), we undertake to make the digital content in the user account available to you for a period of 12 months from the conclusion of the purchase contract and you undertake to pay us the price for the provision of the agreed digital content.
8.14 Seminar. By concluding the contract, we undertake to allow you to participate in the seminar and you undertake to pay us the price for participation in the seminar.
8.15 Buyer's Obligations. By concluding the purchase contract, you undertake to accept the goods and pay us the price of the goods / digital content and/or seminars.
8.16 A copy of the GTC and the withdrawal form. The Customer shall receive a copy of the concluded Purchase Agreement, i.e. the current wording of these GTC to the Customer's electronic address. The customer consumer will also receive a withdrawal form within the statutory period.
8.17Means of Distance Communication. The Customer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the customer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the customer himself, and these costs do not differ from the basic rate.
8.18 Telephone order. The customer may also place his order for goods and/or digital content by telephone. The customer who completes the order in this way will receive from us a confirmation of the creation of the order, including the total price for the goods and the costs associated with the packaging and delivery of the goods selected by the customer to the customer's e-mail address specified in the telephone call, together with these GTC, the complaints procedure, the principles of personal data processing and the withdrawal form. The purchase contract is concluded at the moment of delivery of the confirmation of receipt of the orderto the customer's e-mail address specified in the order.
9 PRICE OF GOODS AND METHODS OF PAYMENT
9.1Price All prices of goods and digital content are quoted in Czech crowns (CZK) and include VAT. The price of goods and digital content is valid for as long as it is displayed on the e-shop website, but this does not mean that we cannot conclude a purchase contract with some of our customers under individually negotiated conditions.
9.2 Payment Method. You can pay us the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the ways specified in the second step of the order (Transport and payment), in particular:
And online by credit card;
B online bank transfer;
C through PayU;
D through GoPay;
E by bank transfer;
F by cash on delivery.
The customer selects the payment method during the order process.
9.3 Deposit on the price of the goods. We may require a deposit or other similar payment from the customer.
9.4 Packing and Shipping Costs. On the website of our e-shop you will also find information about the costs associated with packaging and delivery of goods. The amount of costs associated with the packaging and delivery of the goods will depend mainly on the selected carrier and the place where the goods will be delivered (e.g Czech Republic, Slovakia, etc.).
9.5 Price for the delivery of goods. Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods and any surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. Before the binding completion of the order, the customer will be informed of the final price including the cost of packaging and shipping.
9.6 Discounts on the Price of Goods. Any discounts on the price of goods provided by us to customers cannot be combined.
9.7Unrealistic price of goods. In the case of displaying an unrealistic price of CZK 0 (in words zero Czech crowns) or displaying a highly non-market price, where a non-market price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact to the customer's electronic address.
9.8 Invoice Form. We agree that invoices will be sent electronically to the customer's electronic address.
10 DELIVERY OF WEBINAR AND DIGITAL CONTENT, SEMINAR
10.1 Webinar. In the case of a webinar the subject of purchase is deemed to have been accepted by the customer at the moment when the customer receives a unique link to start the purchased online webinar by e-mail to the e-mail address provided when placing the order. You will receive a unique link to start the webinar from us no later than 2 working days before the webinar.
10.2 Webinar recordings, video content and other online courses by us. In the case of other digital content, the subject of purchase is considered to have been taken over by the customer at the moment when the customer is allowed to view the recording of the webinar or other digital content in the user account (usually for a period of 12 months from the conclusion of the purchase contract).
10.3 Validity of Link. Please note that the link to launch the digital content is valid only for the period indicated for the given purchased product in the user account (usually for a period of 12 months from the conclusion of the purchase contract). The customer is therefore obliged to use access to the digital content at this time.
10.4 Internet Connection. Please note that in order to participate in the webinar and/or make digital content available, you must have a sufficient internet connection, the necessary hardware and updated device software.
10.5 Digital Content Format, Software and Devices. Please note that purchased digital content will be in the form of an online streaming service, or video format available online, or .pdf tutorials.
10.6 Seminar Venue. We will inform you about the venue of the seminar via the customer's e-mail address no later than 7 days before the seminar.
11 EVERYTHING YOU SHOULD KNOW ABOUT DELIVERY
11.1 Delivery Time of Goods. If the goods are stated to be in stock, then we usually dispatch the goods with a delivery time of 3 working days from the receipt of the order, while we undertake to deliver the goods within a maximum of thirty (30) days from the moment of conclusion of the purchase contract. Sometimes it can happen to us that goods marked "in stock" are sold out in a short period of time. If a situation arises that the goods are exhausted and we are unable to deliver the goods you ordered within the specified time, then we will contact you to agree on the next steps. Nevertheless, we try to prepare the specified delivery time and deliver the order to the customer as soon as possible.
11.2 Mode of transport, personal takeover. The customer has the choice to choose to transport the goods to any address through our contractual carrier for the transport price that is stated during the order or can pick up the goods in person at the store.
11.3 Acceptance of Goods. When transporting goods to the customer, the goods are handed over by us at the moment when the carrier hands over the goods to the customer at the place of handover (usually the first door/gate/gate at the place of delivery specified by the customer). It is at the moment of receipt of the goods by the customer that the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. In the case of personal collection of goods by the customer, the goods are deemed to have been delivered at the moment of receipt by the customer or another person designated by the customer.
11.4 Costs of Special Mode of Transport. In the event that the mode of transport is agreed on the basis of a special request of the customer, the customer bears the risk and any additional costs associated with this mode of transport.
11.5 Repeated delivery and associated costs. If, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
11.6 DAMAGE that may be incurred by the seller by not taking over the goods. If the customer does not take over the goods upon delivery by the carrier, the goods are subsequently returned to the Seller and at the same time the consumer customer does not withdraw from the purchase contract within 14 days of the futile delivery of the goods, the seller is entitled to require the customer to pay the costs charged by the carrier for the delivery of the goods back to the seller. This cost represents damage for the seller caused by a breach of the customer's legal obligations within the meaning of § 2913 para. 1 of the Civil Code. At the same time, the seller is entitled to charge a fee for the storage of goods in the amount of CZK 200 (in words: two hundred Czech crowns) and the seller is also entitled to withdraw from the purchase contract.
11.7 Non-acceptance of goods in relation to the entrepreneur. If the customer does not take over the goods by the carrier upon delivery, the goods are subsequently returned to us as the seller, we are entitled to require the customer entrepreneur to pay the costs charged by the carrier for the delivery of the goods back to our address. This cost represents damage for the seller caused by a breach of the customer's legal obligations within the meaning of § 2913 para. 1 of the Civil Code. At the same time, the seller is entitled to charge a fee for the storage of goods in the amount of CZK 200 (in words: two hundred Czech crowns) and the seller is also entitled to withdraw from the purchase contract.
11.8 Possibility to SET OFF. In accordance with Section 2913 of the Civil Code, we are entitled to unilaterally set off the claim for reimbursement of the costs of storing the goods and the claim for damages due to a breach of the customer's legal obligations under this part of the GTC against the customer's claim for a refund of the purchase price.
11.9 Customer's obligation upon receipt of goods. The customer is obliged to check the goods upon receipt and make sure of their properties (in particular, whether the customer has received the correct type of goods, whether the goods are of the agreed quality, whether the goods contain everything in their packaging that they should contain according to the instructions). In case of visible damage to the shipment by the carrier, the customer is obliged not to accept such shipment from the carrier at all. We are not liable for damages caused by the carrier or late delivery of goods, whatever the reason for the delay
12 RESERVATION OF OWNERSHIP
12.1 Full payment of the purchase price. We reserve ownership of the goods for our customers until the purchase price has been paid in full in accordance with the relevant purchase contract. This means that if you do not pay the purchase price, you do not become the owner of the goods.
12.2 Reservation against business customers. For business customers, we retain ownership of the goods until all debts owed to them have been paid. The customer is obliged to handle the goods subject to retention of title with due care and to insure them sufficiently, at their own expense, in case of damage to the value of the new goods.
13 WITHDRAWAL FROM THE PURCHASE AGREEMENT
13.1The consumer's right of withdrawal. The consumer's right to withdraw from the Purchase Agreement shall be governed by the provisions set out in Section 4 of these GTC.
13.2Businesses do not have the same right of withdrawal as consumers. Business customers have the right to withdraw from the purchase contract as allowed by the relevant legislation. The business customer does not have the right to withdraw from the purchase contract without giving a reason within 14 days of delivery of the goods, this right belongs only to the consumer. Provided that the entrepreneur customer returns the goods to us and if it is not a claim for defects under the Civil Code, we are entitled to charge the storage costs of these goods in accordance with clauses 10.8 and 10.9 of these GTC and at the same time invite the entrepreneur customer to take back these goods.
13.3Non-availability of goods. We are entitled to withdraw from the purchase contract due to the out of stock of goods or due to the unavailability of the ordered goods. Furthermore, we may withdraw from the purchase contract, in particular if the customer has failed to pay the purchase price properly and on time or has refused to accept the goods.
13.4 Gift. If a gift is provided to the customer together with the webinar goods and/or digital content, the gift agreement between us and the customer is concluded with the condition that if the customer withdraws from the purchase agreement, the gift agreement in respect of such gift shall cease to be effective and the customer shall be obliged to return the gift to us together with the goods.
13.5 Withdrawal of Digital Content. After payment for the ordered digital content, which has been made available to the consumer by sending a unique link to launch it, it is not possible to withdraw from the purchase contract or otherwise cancel the purchase contract. We informed the customer of this fact before the conclusion of the purchase contract.
13.6 Withdrawal from the webinar. For a webinar that has been made available to the consumer by sending a unique link to start the webinar, the consumer has the right to withdraw until the webinar starts. This withdrawal must be verifiably made prior to the start of the webinar broadcast stating that they will not participate in the webinar.
13.7 New webinar date, cancellation. In the event that the webinar broadcast online is cancelled due to reasons on our side, we will inform you as soon as possible about an alternative webinar. In the event that we do not provide the webinar on the alternative date and/or you are unable to attend the webinar on the alternative date, we will refund the purchase price of the webinar in full, provided that it has already been paid by you.
14 WHAT IF THE GOODS ARE DEFECTIVE?
14.1Refer to the Civil Code. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
14.2Reference to the Complaints Procedure. Further rights and obligations of the parties relating to our liability for defects in the goods and/or the provision of digital content are set out in our Complaints Policy.
15 PROTECTION OF PERSONAL DATA
15.1 Personal data processing principles. The protection of our customers' personal data is very important to us. The rules for handling personal data and the rules for sending commercial communications are regulated in our personal data processing policy.
16 HIGHER POWER
16.1What is force majeure? For the purposes of these GTC, Force Majeure shall be deemed to be any event beyond Solidify 3D's control which prevents Solidify 3D from fulfilling its obligations and which could not have been foreseen or its consequences averted or overcome. Force Majeure shall include, but not be limited to, a natural disaster, fire, explosion, flood, earthquake, terrorist attack, war, strike or other events (including situations caused by the spread of COVID-19 disease) beyond the control of the Parties.
16.2 Exclusion of liability of the Seller. During the period of force majeure, BEWIT Natural Medicine, s.r.o. is not liable for non-performance of its obligations under the Purchase Agreement, or these GTC.
16.3 Downtime during webinar. In particular, server failure during the course of the webinar independent of the will of BEWIT Natural Medicine, s.r.o. Unfortunately, as we are unable to combat this situation, you are not entitled to any compensation or refund of the purchase price of the webinar or digital content. However, we are also obliged to ensure that the server is up and running as quickly as possible.
17 THINGS TO KNOW AT THE END
17.1 What law governs our legal relationship? The legal relationship between us will be governed by the laws of the Czech Republic, in particular the Civil Code. This also applies if there is an international element. However, we are aware that the consumer cannot be deprived by this choice of the protection afforded to him by the provisions of the law of the country where he habitually resides.
17.2 Commitment to respecting consumer rights. In the event of an inadvertent conflict between the provisions of these GTC and the statutory consumer protection regulations, these provisions shall prevail and the Seller undertakes to comply with them.
17.3 The invalid or ineffective provision of the GTC. If any provision of the GTC is invalid or ineffective, or becomes such instead of the invalid provisions, a provision whose meaning is as close as possible to the invalid provision shall take effect. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
17.4 Exclusion of the Vienna Convention. The Parties agree to expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, or the Vienna Convention, in accordance with Article 6 thereof.
17.5 Disputes and jurisdiction. The Parties further agree that the courts of the Czech Republic for the District of Ostrava will always have local and substantive jurisdiction to resolve any disputes arising from the Purchase Agreement where an international element is present. This is without prejudice to consumer rights under specific legislation. The contract language is Czech.
17.6 Archiving the Purchase Agreement. The Purchase Agreement as amended by the GTC is archived by us in electronic form and is not accessible to third parties.
17.7 Right to withdraw from the purchase contract. An integral part of these GTC is the withdrawal form, which forms Annex 1.
17.8 If we agree different terms and conditions of the purchase contract. The provisions of the GTC are an integral part of the purchase contract. Provisions derogating from the GTC can be negotiated in the purchase contract. Different arrangements in the Purchase Agreement take precedence over the provisions of the GTC.
17.9 Necessity to accept the GTC for the conclusion of the purchase contract. Acceptance of these GTC is voluntary, but is necessary to create a user account or order by the customer.
17.10 Validity of the GTC. These GTC are valid from 29.5.2023 and void the previous terms and conditions.