Seller is obliged to issue a bill to Buyer pursuant to the revenue records. Simultaneously, Seller is obliged to report the accepted revenues on-line to the tax administrator; in case of a technical failure at the latest within 48 hours.
1 General Provisions
1.1 The Business Terms and Conditions of the corporation Inca Collagen s r.o., with the registered office Zborovská 906/11, 616 00 Brno, ID: 07680261, VAT-ID: CZ 07680261, incorporated in the Trade Register conducted by the Regional Court in Brno in section C, insert 72021, govern mutual rights and obligations of Contractual Parties arisen in relation to or based on the Purchase Agreement concluded among Seller and another natural person through the internet shop of Seller www.incacollagen.cz in compliance with Art. 1751 par. 1 of Act No 89/2012 Sb., Civil Code.
1.2 Business Terms and Conditions do not concern cases when the person intending to purchase Goods from Seller is a juridical person or a person who acts in the scope of its business activities or in the scope of its independent profession performance at ordering Goods.
2 Way of Purchase Agreement Concluding
2.1 The entire Goods presentation located on the web interface of the shop www.helissacollagen.com has informative nature and Seller is not obliged to conclude Purchase Agreement concerning these Goods.
2.2 Buyer’s order placed through the internet shop www.helissacollagen.com or by phone is a binding proposal of Buyer on concluding Purchase Agreement with Seller. Seller confirms immediately order acceptance through the e-mail to the e-mail address stated by Buyer in the order, with the confirmation not representing any acceptance of the Purchase Agreement conclusion proposal by the Seller.
2.3 Buyer is entitled to cancel the order, i.e. to cancel its Purchase Agreement conclusion proposal without any sanctions up to the moment of Goods shipment. Buyer is obliged to report order cancellation to Seller through e-mail or phone.
2.4 Purchase Agreement is being closed by accepting the Purchase Agreement conclusion proposal and Seller’s Goods shipment to Buyer or express acceptance by Seller through e-mail is considered as acceptance.
2.5 Prices of Goods and Services (e.g. postage) stated on the web interface are in CZK incl. the relevant VAT rate according to actual legislation.
2.6 Buyer agrees with using remote means of communication at Purchase Agreement conclusion. Costs incurred to Buyer due to using remote means of communication in relation to Purchase Agreement conclusion (costs of the internet connection, telephone calls) are paid by Buyer.
2.7 Purchase Agreement is concluded in Czech language and is stored by Seller for the purpose of its proper fulfilment and is not accessible to third parties.
3 Rights and Obligations of Buyer
3.1 Buyer is entitled to withdraw from Purchase Agreement in compliance with Art. 1829 par. 1 of the Civil Code without stating a reason within a fortnight (14) days since Goods taking over. The notice on withdrawal from Purchase Agreement must be sent to Seller in this term by e-mail or in writing to Seller’s address and Buyer can use the template form provided by Seller as an attachment hereof.
3.2 Purchase Agreement shall be void and null from its very beginning. Goods must be returned to Seller within fourteen (14) days since Buyer’s withdrawal from Purchase Agreement. If Buyer withdraws from Purchase Agreement, Buyer carries costs related to Goods returning (e.g. postage).
3.3 Seller shall return funds received from Buyer within fourteen (14) days since Buyer’s withdrawal from Purchase Agreement in case of withdrawal from Purchase Agreement by Buyer, in the same way, as it received it from Buyer, if Seller does not expressly agree another way generating no further costs to Buyer with Buyer. Seller is not obliged to return received funds to Buyer before Buyer returns Goods or proves to have sent it to Seller.
3.4 Buyer acknowledges that it is not possible to withdraw from Purchase Agreement among others in the following cases pursuant to provisions of Art. 1837 of the Civil Code: a) if goods were adapted based on the consumer’s wish or produced for a particular person (order production); b) in case of delivery of quickly deteriorating Goods as well as Goods that have been irrecoverably mixed with other goods after delivery; c) in case of delivery of goods in closed package opened by the consumer, where goods put back into the package and returned to Seller is not sterile any more; d) in case of delivery of an audio or video recording or a computer programme, if the original package was damaged.
3.5 Buyer acknowledges that returning damaged, worn or partly consumed Goods establishes Seller’s right to indemnification of damage caused to Goods and Seller’s right to offset this amount against Buyer’s right to purchase price reimbursement.
3.6 If Buyer is provided a gift together with Goods, the donation contract concluded among Seller and Buyer is being concluded with the cancellation condition that the donation contract becomes null and void if Buyer withdraws from Purchase Agreement and that Buyer is obliged to return also the provided gift together with Goods to Seller.
3.7 Seller is entitled to withdraw from Purchase Agreement any time till the moment of Goods taking over by Buyer. In such a case, Seller informs Buyer by an e-mail to the address stated in the order and returns the purchase price to Buyer without unnecessary delay.
4 Rights and Obligations of Seller
4.1 Seller is responsible to Buyer for Goods being free of defects at taking over and, at the moment of Buyer’s taking over Goods, for the fact that a) Goods has parameters agreed by Parties or in case of a lack of an agreement, it has parameters described by Seller or producer or expected by Buyer with respect to the nature of Goods and the advertising related to it; b) Goods suits to the purpose stated by Seller for its use or the purpose, for which Goods of that type are usually used; c) Goods complies as to quality and design to the agreed sample or template, if quality or design are specified according to agreed sample or template; d) Goods complies to the requested amount, rate or quality; e) goods complies with requirements of legal regulations.
4.2 Provisions of Art. 4.1 hereof shall not apply to Goods sold for a lower price due to a defect, for which the lower price was agreed. In case of used Goods, the provisions apply to the defect corresponding to the rate of use or wear of Goods at the moment of its taking-over by Buyer or if this results from Goods nature.
4.3 The right of Buyer from defective performance is established by the defect of Goods at taking over by Buyer. If defect shows within six (6) months since taking over, Goods is deemed to be defective already at taking over.
4.4 If defective performance is a substantial Agreement violation, Buyer has the right: a) to defect removal by supplying a new thing without defect or by supplying the missing thing; c) to a relevant discount on the purchase price; d) to withdraw from Agreement.
4.5 Buyer informs Seller in the defect claim or after defect claim without unnecessary delay, which right (s)he chose. Buyer cannot change its announced choice without Seller’s consent.
4.6 Buyer exercises rights from defective performance in writing towards Seller on the address of the company Inca Collagen s r.o., registered office Zborovská 906/11, 616 00 Brno.
4.7 The moment of exercising the right from defective performance is the moment when Buyer received defective Goods from Seller.
4.8 Extrajudicial settlement of consumer complaints shall be arranged by Seller through the postal address Inca Collagen s r.o., registered office Zborovská 906/11, 616 00 Brno. Seller shall send the information on Buyer’s complaint processing to the electronic address of Buyer.
5 Information on Personal Data Processing
5.1 Inca Collagen s.r.o., ID: 07680261, registered office: Zborovská 906/11, 616 00 Brno, as the administrator of personal data, undertakes to handle personal data in compliance with Act No 101/2000 Sb., on personal data protection and on the change of several laws, in the wording of later regulations. Personal data of customers of the internet shop in the scope: name, surname, e-mail, phone, address, postal address are processed for the purpose of generating a database of permanent and prospective customers, records on discount claims and marketing activities of the administrator.
5.2 Personal data are stored at the latest till the time of cancelling its consent by the data subject who agreed with their processing. Personal data serve only to the administrator, they can be made available to the supplier and forwarder of Goods in the scope necessary for order settlement.
5.3 The customer of the internet shop who approved processing of its personal data, can request the information on processing of his/her personal data in compliance with Art. 12 of Act No. 101/2000 Sb. The customer of the internet shop who supposes or finds out that his/her personal data are being processed in contrary to protection of his/her private or personal life or in contrary to the law, can ask the administrator to explain and remove the so generated state.
6 Delivery and Payment Conditions
6.1 Delivery Conditions
- Buyer can pick up Goods in the taking-over place (shop). This way of Goods supplying is called personal pick-up by Seller for marketing purposes and purposes hereof. Buyer shall be handed over a bill.
- If Buyer chooses delivery to the address stated in the order, ordered Goods shall be sent by the forwarder Česká pošta, s.p., service Delivery to addressee’s hands. When utilising services of the above-mentioned forwarder, ordered Goods shall be sent to Buyer at the latest 10 (ten) working days since Purchase Agreement conclusion. The consignment shall contain ordered Goods and the invoice serving also as the delivery note.
- Costs of Goods delivery at Goods supplying in the scope of one order are independent of the number of ordered pieces (items). Costs of Goods delivery through the forwarder that have to be paid by Buyer simultaneously with the Goods purchase price, make CZK 145 only.
- Seller shall not invoice Buyer costs of Goods delivery, if value of ordered Goods will make simultaneously at least CZK 2000, or if Buyer applied a valid loyalty coupon to get a discount for the Helissa Collagen product.
6.2 Payment Conditions
- The purchase price payment way will be agreed in Purchase Agreement in relation to Buyer’s choice specified in his/her order when Buyer has the possibility to choose one of these options:
- If Buyer chooses to use his/her credit card for chosen Goods payment, (s)he shall state the credit card type in the relevant step at ordering Goods in the e-shop, then (s)he will be redirected to the processing bank of Seller, which Buyer prompts to inputting further data of the card. This information shall be entered by Buyer directly into the payment page of the processing bank who arranges indecipherable coded data transfer and sends Seller only the information on authorization result and gives hereby the instruction on order settlement. This removes the possibility of free transfer of unprotected data in the public computer network.
- Cash on Goods delivery when the purchase price shall be paid by Buyer at consignment taking over by forwarder, purchase price payment is a condition of Goods handing over.
- In cash or by credit card at Goods taking over in case of personal pick-up in Seller’s establishment, purchase price payment is a condition of Goods handing over.
