Obchodní podmínky

General terms and conditions for retail

These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through the nonRx online shop located on the web interface www.nonrx.cz (hereinafter referred to as "web interface") between our company:

Pharmacium spol. s r.o.

with registered office at Ostrov, Staré náměstí 8, Postcode 36301

ID: 26375290

DIC: CZ26375290

registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 16324

Delivery address: Pharmacium spol. s r.o., Staré náměstí 8, 363 01 Ostrov

Telephone number: +420 353 826 264

Contact e-mail: eshop@nonrx.cz

as the seller

and you as the buyer

1. 
   
   INTRODUCTORY PROVISIONS

By the purchase contract we undertake to deliver the goods specified in the order to you, and you undertake to take delivery of the goods (either in person or from the carrier) and pay us the purchase price specified in the order. The purchase price (or just "the price") includes the costs of delivery of the goods and any charges associated with the chosen method of payment. The amount of these costs will always be communicated to you prior to the binding dispatch of your order.

You acquire ownership of the goods by paying the full purchase price, but not before you take possession of the goods.

1.1. What goods do we sell?

The goods within the meaning of these terms and conditions are in particular dietary supplements, natural cosmetics and medicinal products, including veterinary medicinal products, registered in accordance with Section 25(1) of Act No. 378/2007 Coll., the Medicinal Products Act, as amended (hereinafter referred to as the "Medicinal Products Act"), the dispensing of which is not restricted under Section 39(5) of the Medicinal Products Act or is not subject to a prescription according to the registration decision. Therefore, medicinal products in preparation (IPL), medicinal products subject to prescription, medicinal products containing addictive substances or precursors and medicinal products that can be dispensed without prescription with restrictions cannot be dispensed via our online shop. The provisions on mail order dispensing in the Medicines Act apply only to medicinal products, not, for example, to food for special medical purposes or other pharmacy products sold to the public at a distance. A more detailed specification of the goods is given on the web interface.

1.2 How do we provide information about medicines?

In accordance with Section 85(2)(d) of the Medicinal Products Act, the information service is provided via a brick-and-mortar shop located at the contact address for delivery, or via contact telephone and email at the times specified in the Information Service section. The opening hours of the bricks-and-mortar shop, including the responsible staff providing the information service, can be found on the web interface.  The information service is also used to ensure the collection and transmission of information on suspected adverse reactions and quality defects in medicinal products notified to it.

1.3 Does the contract of sale apply only to the goods?

A contract of sale (or just "Contract") refers herein to any contract entered into pursuant to these Terms and Conditions. This may include, for example, a contract for the provision of services.

1.4 Is a contract of sale a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions, but you are covered by the General Terms and Conditions for Wholesale (see below). In particular, as a non-consumer you do not have the right to withdraw from the contract without giving any reason.

1.5 What special rights do you have as a consumer?

As a consumer, you have first of all:

- the right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or internet commerce (Article 5 of these terms and conditions), this right does not apply to medicinal products without defects, see SUKL instruction LEK-16 version 5

- the right to a 24-month warranty for unused consumer goods, unless the goods have a specified period of time for which they can be used (the warranty is governed by the Complaints Procedure);

- the right to be informed before entering into a contract (information is contained in these terms and conditions or on the web interface).

1.6 What governs our legal relationship?

Our legal relationship is governed by the following documents:

- these terms and conditions, which define and specify our mutual rights and obligations;

- The Complaints Procedure , according to which we will proceed with the complaint of goods;

- The Web Interface Terms of Use , which govern registration on the Web Interface, protection of your personal information, protection of the content of the Web Interface and certain other relationships related to the use of the Web Interface;

- the terms and conditions and the instructions given on the web interface, in particular when concluding the contract;

- order and its acceptance by us,

and, in matters not covered herein, by the following legal provisions:

- Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code");

- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer);

- Act No. 378/2007 Coll., the Medicinal Products Act, as amended.

If your domicile or registered office is located outside the Czech Republic or if our legal relationship contains any other international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, you are afforded this higher level of protection in the legal relationship.

1.7 How do you agree to the Terms and Conditions?

By sending your order and also by confirming it in the web interface, you confirm that you have read and agree to these terms and conditions.

We may change or amend the wording of the Terms and Conditions. Your rights and obligations shall always be governed by the wording of the Terms and Conditions under which they arose.

2. 
   
   PURCHASE CONTRACT

2.1 How do we conclude a purchase contract?

The web interface provides a list of goods including a description of the main features of each item. In case you are not sure if the goods are suitable for you, please contact us at the contact address (phone or email). For each item, the price including all taxes, duties and charges is listed. The presentation of the goods is for information purposes only and does not constitute a proposal by us to enter into a contract within the meaning of section 1732(2) of the Civil Code. In order to enter into a contract, it is necessary that you have placed an order and that this order has been accepted by us.

Publication of the offer of medicinal products on the web interface is not considered advertising under Act No. 40/1995 Coll., on the Regulation of Advertising, as amended.

2.2 How to place an order?

You can always place an order via the web interface (by filling in the form), or by phone, e-mail or any other way that we allow according to the current information on the web interface.

The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and billing, if applicable).

Before the binding dispatch of your order, you will be provided with a recapitulation of your order including the final price (depending on the chosen shipping and payment method). We recommend checking especially the type and quantity of goods, email and delivery address. You have the last possibility to change the data entered in the recapitulation.

You can place a binding order by pressing the "Send order" button. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.

We will inform you when we receive your order. Information (confirmation) of receipt of the order is sent automatically and does not constitute acceptance of the order by us, unless explicitly stated in the confirmation.

If we have any doubts about the authenticity and seriousness of an order, we may contact you to verify it. We may refuse an unverified order. Such an order will then be treated as if it had not been placed.

2.3 When is the contract concluded?

The purchase contract is concluded at the moment when you receive the acceptance of the order from our side. The acceptance of the order will be sent to the e-mail address you provided in the order. Should acceptance of the order not be received, the contract is concluded at the moment when you pay the full purchase price or take delivery of the ordered goods (whichever is earlier). Acceptance of the order (acceptance) may be part of the order receipt information under clause 2.2 of these terms and conditions (if expressly stated in the acknowledgement) or may follow separately from the acknowledgement.

Information on the individual technical steps leading to the conclusion of the contract can be found on the web interface.

2.4 Can you cancel an order already placed?

You may cancel an order that has not yet been accepted by us (i.e. you have not received an acceptance of your order from us in accordance with Article 2.3 of these Terms and Conditions) by telephone or email. All orders accepted by us are binding. Later cancellation of an order is only possible by agreement with us. If an order is cancelled in this way for goods which cannot be withdrawn from the contract (see clause 5 for details), we are entitled to reimbursement of the costs we have already incurred in connection with the contract.

2.5 Can the price shown on the web interface be changed?

The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for the time they are displayed in the web interface. Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.

In the event that there is an obvious technical error on our part in the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at the obviously incorrect price, even if you have been sent an order acceptance in accordance with these terms and conditions. In this case we reserve the right to withdraw from the contract.

If the price listed for the goods in the web interface or during the ordering process is no longer current, we will notify you immediately. If your order has not yet been accepted, we are not obliged to conclude the contract.

Orders sent are not affected by a price change that occurs between the time the order is sent and the time it is accepted by us in accordance with Article 2.3 of these Terms and Conditions.

2.6 Do you have the possibility to get the contract in text form?

The contract shall not be in writing with the signatures of the parties. The contract consists of these terms and conditions, your order and our acceptance of it. The entire contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to pay the costs involved.

2.7 What if you don't understand something in the contract?

If you have any questions about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all the necessary information.

2.8 In which languages can the contract be concluded?

The contract can be concluded in Czech language, unless we explicitly agree on another language.

2.9 Is the contract stored anywhere?

We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you on request.

3. 
   
   PAYMENT TERMS

3.1 What payment methods do we accept?

You can pay the purchase price mainly in the following ways :

- cash on delivery or personal collection;

- cashless before delivery by transferring the goods to our bank account (instructions will be communicated to you in the order confirmation);

- cashless online by credit card;

- cashless via PayPal;

- deferred payment through another financial institution;

- split payment through another financial institution;

Any additional payment methods are listed on the web interface.

 

Some payment methods (especially cash on delivery and PayPal payment) may incur additional fees. These fees are listed on the web interface. The order will always include the final price, which already includes the fees associated with the chosen payment method.

 

3.2 When is the purchase price due?

In case of cash payment, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within five days of receipt of the order in accordance with Article 2.3.

3.3. What currency can you pay in?

Payment for goods is possible in Czech crowns (CZK), Euros (EUR), US dollars (USD) and British pounds (GBP).

For domestic trade, we recommend making payment in the local currency, i.e. in Czech crowns (CZK).

 

3.4 When can we request a deposit or payment in advance?

We may require a deposit on the purchase price especially for orders with a total price of over CZK 10,000.

We are also entitled to ask you to pay the full price of the goods before they are dispatched or handed over (Section 2119 (1) of the Civil Code does not apply).

4. 
   
   DELIVERY CONDITIONS

4.1. How do we send the goods ?

Delivery methods are listed on the web interface. You can select the specific delivery method in the order. If you do not select a shipping method, we can determine it.

4.2 What is the cost of delivery?

The cost of delivery always depends on the size, weight and nature of the goods and the price list of the chosen carrier. The actual cost of delivery is shown on the web interface.

The order will always include the final price, which already includes the cost of the chosen shipping method.

4.3 When will we deliver the goods to you?

The delivery time always depends on the availability of the goods and the chosen method of transport and payment.

Goods that are in stock will usually be delivered to the carrier within two working days of receipt of the order (when sending goods on delivery or personal collection), or after payment is credited to our account (in case of cashless payment).

Goods that are not in stock will be forwarded to the carrier as soon as possible. We will inform you of the exact date.

Medicinal products will be delivered to you within 3 days of receipt of your order. In the case of cashless payment, please note that the goods will be dispatched after the full purchase price has been credited to our bank account and therefore cannot be delivered within the 3-day period according to the previous sentence (or the moment of dispatch and subsequent delivery will depend on the speed of the bank transfer).

Please note that we cannot control the delivery time of external carriers. Any complaints regarding delivery times must be addressed directly with the carrier.

Delivery of the goods under these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.

4.4 How do I proceed when taking delivery of the goods?

Upon receipt of the goods, check the integrity of the packaging of the goods. If you find any defects, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal.

By signing the delivery note (or other similar document) you confirm that the packaging of the shipment has not been damaged. In this case, a claim for goods due to a breach of the packaging of the shipment is no longer possible.

From the moment you take delivery of the goods (or from the moment you were obliged to take delivery of the goods but failed to do so in breach of the contract), liability for accidental destruction, damage or loss of the goods passes to you.

4.5 What happens if you do not accept the goods?

If, for reasons on your side, it is necessary to deliver the goods repeatedly or in a different way than agreed, you are obliged to pay the costs associated with such delivery.

In the event that you do not accept the goods without reason, we shall be entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by us due to the non-acceptance of the goods. These costs shall not exceed CZK 20 for each day of storage. The storage costs may amount to a maximum total of CZK 500 or the purchase price if it is less than CZK 500. For more information on non-acceptance of cash on delivery, please click here.

Furthermore, we have the right to withdraw from the contract in this case.

5. 
   
   WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 How can you withdraw from the contract?

You may withdraw from the contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will acknowledge receipt of the notice without undue delay.

You do not have to give any reasons for withdrawing from the contract.

5.2 What are the consequences of withdrawal?

Withdrawal from the contract cancels the contract from the outset and it shall be regarded as if it had not been concluded.

If a gift has been provided together with the goods, the gift contract shall cease to be effective upon withdrawal by either party. Please send the gift back to us together with the returned goods.

5.3 When can I not withdraw from the contract?

In accordance with Section 1837 of the Civil Code, the following contracts, among others, cannot be withdrawn from:

- the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery;

- the delivery of goods in sealed packaging that you have removed from the packaging and cannot return for hygiene reasons;

- on the supply of goods of registered medicinal products without defects, see SUKL Instruction LEK-16 version 5

5.4 How will you return the goods to us?

You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any premises or to our registered office. Do not send goods on delivery. We are not obliged to accept goods sent by cash on delivery.

Returned goods must be undamaged, unworn and unpolluted and, if possible, in their original packaging.

We recommend that the returned goods are accompanied by:

- a copy of the delivery note and invoice, if these documents have been issued, or other proof of purchase;

- a written statement of withdrawal (on our form or otherwise) and the chosen method of refund (bank transfer, personal cash collection or postal order or otherwise). Please include your delivery address, telephone number and email in your statement.

Failure to submit any of the above documents does not prevent the positive processing of your withdrawal from the contract in accordance with the statutory conditions.

5.5 When will you get your money back?

We will refund any monies received within 14 days of withdrawal. However, please note that we are not obliged to refund you until you have returned the goods to us or provided proof that you have sent the goods to us.

In addition to the purchase price, you are also entitled to a refund of the cost of delivery of the goods to you. However, if you have chosen a delivery method other than the cheapest method we offer, we will refund the cost of delivery of the goods to you in the amount corresponding to the cheapest delivery method offered.

We will refund your money:

- in the same way we received them, or

- in the manner you require;

In addition to the above methods, we can always refund the money by sending it to the bank account or account from which the funds were transferred to pay the purchase price (if you do not provide us with one within ten days of withdrawal from the contract). By accepting these terms and conditions, you agree to the sending of the funds according to the previous sentence, provided that you do not incur any further costs in this way.

You are responsible for the cost of sending the returned goods to our address, even if the goods cannot be returned by the usual postal route due to their nature.

5.6 What if the returned goods are damaged?

When sending the goods, wrap them in suitable packaging to prevent damage or destruction. Goods substantially damaged or destroyed in transit due to the use of unsuitable packaging cannot be refunded for the purchase price and the cost of delivery (or part thereof corresponding to the damage caused).

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, we are entitled to compensation for damages. We may unilaterally set off the claim for payment of the damage against your claim for reimbursement of the purchase price and delivery costs, i.e. the amount of the reimbursement will be reduced by the damage incurred.

5.7 When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

- a technical error has resulted in a clearly incorrect price of the goods on the web interface (Article 2.5 of these Terms and Conditions);

- the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);

- performance becomes objectively impossible or unlawful.

If any of the above occurs, we will inform you immediately of our withdrawal from the contract. The withdrawal is effective against you from the moment it is delivered to you.

If you have already paid the purchase price in full or in part, we will refund the amount received to you without cash to the account you provide us with for this purpose or from which you made the payment. We will refund the money within five days of withdrawal from the purchase contract.

6. 
   
   RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).

We will proceed in accordance with our Complaints Procedure when exercising rights arising from defective performance. Please read the Complaints Procedure thoroughly before submitting a claim so that the claim can be settled as quickly as possible and to your satisfaction.

7. 
   
   FINAL PROVISIONS

7.1 What permissions do we have to carry out our activities and who controls us?

We are authorised to sell goods on the basis of a trade licence.

Trade control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority (http://www.coi.cz/) checks compliance with legislation on technical requirements for goods and the safety of goods. The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumer rights are also defended by consumer interest associations and other consumer protection bodies. Control over compliance with the Medicines Act is carried out by the State Institute for Drug Control (hereinafter referred to as 'SÚKL') and the Institute for State Control of Veterinary Biopreparations and Medicines.

We hold a registration with SÚKL for the dispensing of medicinal products by mail order in accordance with §84 et seq. of the Act on Medicinal Products in the Czech Republic. A hyperlink to our company's registration in the SÚKL register can be found on the web interface.

7.2 How do we handle complaints?

We handle any complaints via our contact email. You may also contact the entities listed in clause 7.1. We are not bound by any codes of conduct in relation to our customers, nor do we adhere to any such codes.

7.3 What else should you know?

When concluding a contract, means of distance communication (in particular the internet) are used. You are responsible for the costs incurred when using means of distance communication (in particular the cost of the internet connection or telephone calls). These costs do not differ from the normal rate.

Unless otherwise agreed, all correspondence relating to the Contract between us shall be in writing, either by e-mail, registered post or personal delivery. For our part, we will deliver to the e-mail address specified in the order or in your user account.

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. The contract (including the terms and conditions) may be amended or supplemented only in writing.

These terms and conditions are valid and effective from 1 March 2023.

 

General terms and conditions for wholesale

These general terms and conditions for the wholesale of goods (hereinafter referred to as "terms and conditions") apply to contracts concluded via the nonRx online shop located on the web interface www.nonrx.cz (hereinafter referred to as "web interface") between our company:

 

Pharmacium spol. s r.o.

with registered office at Ostrov, Staré náměstí 8, Postal Code 36301

ID: 26375290

DIC: CZ26375290

registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 16324

Delivery address: Pharmacium spol. s r.o., Staré náměstí 8, 363 01 Ostrov

Telephone number: +420 353 826 264

 

Contact e-mail: eshop@nonrx.cz

as the seller

 and an entrepreneur or legal person

 as buyers

(both hereinafter collectively referred to as the "Parties").

 

1. Introductory provisions

1.1 The Terms and Conditions define and specify the basic rights and obligations of the contracting parties when concluding a contract for the sale of goods or any other contract referred to herein (hereinafter collectively referred to as the "Contract") via the web interface, by e-mail, telephone, postal service, in person or in any other manner currently available to the Seller.

1.2 The provisions of the Terms and Conditions are an integral part of the contract. Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions. The Seller may change or supplement the wording of the Terms and Conditions. The rights and obligations of the contracting parties shall always be governed by the wording of the terms and conditions under which they arose. The rights and obligations of the contracting parties are further governed by the Complaints Procedure, the Terms of Use of the web interface and the conditions and instructions given on the web interface, in particular when concluding the contract. In matters not regulated herein, the relations of the parties shall be governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

1.3 The Contract and the Terms and Conditions are drawn up in the Czech language. The Contract may be concluded in the Czech language, unless the parties expressly agree on another language.

1.4 These terms and conditions apply to buyers who are entrepreneurs and to legal entities. Contracts concluded with consumers are not subject to these Terms and Conditions but to the General Terms and Conditions for Retail (see above). In matters not covered by these General Terms and Conditions of Wholesale Trade, the relationship shall be governed mutatis mutandis by the terms and conditions of the General Terms and Conditions of Retail Trade, with the exception of the consumer protection provisions.

1.5 By sending the order, the buyer confirms that he/she has read these terms and conditions.

 

2. 
   Order and conclusion of the contract

2.1 The web interface lists the goods including a description of the main characteristics of each item. The presentation of the goods on the web interface is informative and does not constitute a proposal by the Seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. In order to conclude a contract, the buyer must send an order and the seller must accept the order.

2.2.The Buyer shall place the order via the web interface or by e-mail or telephone communication or in any other way that the Seller allows according to the current information on the web interface. The order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of items, the chosen method of payment and delivery and the Buyer's contact details (name and surname or company name, identification number, delivery address, telephone number, e-mail address).

2.3 The Seller is not obliged to confirm the received order. An unconfirmed order is not binding on the Seller. The Seller shall be entitled to verify the order in case of doubt as to the authenticity and seriousness of the order. The Seller may reject an unverified order.

2.4 The Contract is concluded at the moment when the Buyer has received the acceptance of the binding order from the Seller. Should acceptance not be received, the contract is concluded at the moment when the Buyer has paid the full purchase price.

2.5 In the event of cancellation of the order by the buyer, the seller is entitled to a cancellation fee of 50% of the price of the goods.

 

3. 
   Delivery terms

3.1 The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the necessary documents. The necessary documents are in particular manuals, certificates and other documents necessary for the acceptance and use of the goods. Unless otherwise agreed, the documents are provided in the Czech language.

3.2 By agreement of the parties, the Seller may arrange for the Buyer to transport the Goods and to insure the Goods for the period of transport. The price of transport and insurance shall be paid by the Buyer according to the applicable carrier's tariff. The delivery of the goods to the Buyer shall be deemed to be the handing over of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.

3.3 Before taking delivery of the goods, the buyer is obliged to check the integrity of the packaging of the goods and immediately notify the carrier of any defects. A report of defects will be drawn up. If a defect report is not drawn up, the buyer loses any claims arising from the defective packaging of the goods.

3.4 Immediately upon receipt of the goods, the Buyer is obliged to inspect the goods, in particular to check the number of items and their completeness. In the event of a discrepancy, he is obliged to notify the Seller without undue delay, but no later than within 2 working days of receipt of the goods. The Buyer is obliged to document the defects found in a suitable manner and send this documentation to the Seller together with the defect notification.

 

4. 
   Payment terms

4.1 The Buyer has the option to pay the purchase price for the goods to the Seller by any of the following methods in addition to other methods listed in the web interface or individually agreed:

- cash on delivery or personal collection;

- cashless before the delivery of the goods by transferring to our bank account (instructions will be communicated to you in the order confirmation);

- cashless online by credit card;

- cashless via PayPal;

 

 

By agreement, the Seller may allow the Buyer to pay only after delivery of the goods on the basis of an invoice with a due date of 14 days (unless otherwise stated on the invoice). The buyer is not automatically entitled to payment after delivery of the goods. This method of payment is generally reserved for regular customers and the Seller reserves the right to change it at any time. Unless otherwise agreed, the invoice is attached to the goods together with the delivery note or sent electronically, usually by email.

4.2 In case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within seven days of receipt of the order, unless otherwise agreed by the parties. The buyer's obligation to pay the price of the goods is fulfilled in the case of non-cash payment at the moment of crediting the relevant amount to the seller's account.

4.3 In the event of non-compliance with the due date according to these Terms and Conditions, the Buyer may be charged interest on the overdue amount at the rate of 0.5% of the amount due for each day of delay. The Seller's right to compensation for damages incurred by the Buyer's delay shall not be affected.

4.4 In the event of the Buyer's default in payment of the price of the goods, the Seller is also entitled to suspend further agreed deliveries of the goods until all outstanding obligations of the Buyer have been paid.

4.5 Payment for goods is possible in Czech crowns (CZK), Euros (EUR), US dollars (USD) and British pounds (GBP).

For domestic trade, we recommend making payment in the local currency, i.e. in Czech crowns (CZK).

5. 
   
   Withdrawal from the contract

5.1 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods.  In this case, the Seller shall refund the Purchase Price already paid by the Buyer to the Buyer, without cash, to the account communicated to him for this purpose by the Buyer or to the account from which the funds were transferred for payment of the Purchase Price (unless the Buyer does not communicate any within 5 days of withdrawal to the Seller).

5.2.The Seller is also entitled to withdraw from the contract if the Buyer is in default of payment of the purchase price of the goods for more than 2 weeks.

5.3 The Buyer is entitled to withdraw from the contract if the Seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.

5.4 The Buyer is not entitled to withdraw from the contract in respect of goods that have been delivered properly, on time and without defects.

5.5 Withdrawal from the contract must be made in writing and, in the case of contracts negotiated electronically, also electronically. Withdrawal shall be effective upon delivery of the notice of withdrawal to the other party.

5.6 If a gift has been provided together with the goods, the gift contract shall cease to be effective upon withdrawal by either party.

6. 
   
   Rights from defective performance

6.1 The terms of exercising rights from defective performance and warranty liability are governed by the Seller's Complaints Procedure.

7. 
   
   Protection of the Seller's trade secrets and commercial policy

7.1 During the negotiation of the contract and its performance, information may be disclosed to the Buyer which is marked as confidential or whose confidentiality arises from its nature. The Buyer undertakes in particular:

- kept confidential;

- not to disclose them to any other person without the seller's consent;

- not to use them for any purpose other than the performance of the contract;

- not to take advantage of it in any other damaging way.

7.2 The Buyer further agrees not to make copies of the documents submitted to him by the Buyer without the Seller's consent.

8. 
   
   Final provisions

8.1 If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

8.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments to the contract or the terms and conditions shall be in writing.

These terms and conditions are valid and effective from 1 March 2023

 

 

Complaints Procedure

This Complaints Procedure regulates the method and conditions of claiming defects of goods purchased through the online store nonRx.cz from our company

Pharmacium spol. s r.o.

with registered office at Ostrov, Staré náměstí 8, Postcode 36301

ID: 26375290

DIC: CZ26375290

registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Insert 16324

Delivery address: Pharmacium spol. s r.o., Staré náměstí 8, 363 01 Ostrov

Telephone number: +420 353 826 264

 

Contact e-mail: eshop@nonrx.cz

1. 
   What defects are we responsible for?

As the seller, we are responsible for the fact that the goods are free from defects upon receipt. This means that the goods:

- it has the characteristics that have been agreed between us, that we describe or that you might expect in view of the nature of the goods and on the basis of advertising;

- is in the appropriate quantity, measure or weight, and

- complies with the requirements of the legislation.

If the goods do not correspond to your expectations, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions.

If a defect appears within six months of receipt, the goods are deemed to have been defective upon receipt.

We are also responsible to consumers if defects do not occur within the warranty period. If you are not a consumer, you are not covered by the quality guarantee.  Article 2 applies only to consumers.

2. 
   
   What is the warranty period?

For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface or in the documents accompanying the goods.

If the goods have a period of time specified on them for which they may be used, the warranty period lasts until such date.

3. 
   
   What rights do you have from defective performance?

In the case of a removable defect in an unused product, instead of removing the defect, you may request replacement of the defective product with a faultless one or a reasonable discount on the purchase price.

In the event of a defect that cannot be removed and which prevents the goods from being properly used as goods without defect, you have the right to exchange the goods, to a reasonable discount on the purchase price or you have the right to withdraw from the purchase contract.

You are also entitled to a reasonable discount if we are unable to supply you with a new item without defects, or if we fail to arrange a remedy within a reasonable time or if it would cause you considerable difficulty to arrange a remedy.

You do not have the right to withdraw from the contract or the right to request the delivery of a new item if you cannot return the goods in the condition in which you received them (except as provided by law).

4. 
   
   When can the rights of defective performance not be exercised?

You are not entitled to rights from defective performance if:

- you knew about the defect before you took delivery;

- you caused the defect;

- the warranty period has expired.

Warranty and liability claims do not apply to:

- wear and tear caused by the use of the goods;

- defects caused by improper use of the goods, failure to follow instructions, improper maintenance or improper storage.

For items sold at a lower price, we are not liable for the defect for which the lower price was agreed.

We are not liable for injury to persons, or damage to property and goods caused by improper handling or misuse of the goods, or failure to follow the instructions for use of the goods, or negligence.

5. 
   
   How do I make a complaint?

Please file a claim with our company without undue delay after the defect has been discovered.

A claim can be made as follows:

- for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing.

- you deliver the claimed goods (other than by cash on delivery, which we do not accept) to our contact address, to any of our premises or to our registered office.

In the event of a claim for defective medicinal products, you have the right to have the product returned to you in a way that does not cause you any costs (e.g. cash on delivery). Please inform us about sending the goods on COD.

When sending the goods, wrap them in suitable packaging to prevent damage or destruction.

The goods should be accompanied by a proof of purchase or a tax document - an invoice, if issued, or another document proving the purchase of the goods, together with a description of the defect and a proposal on how to resolve the complaint. Failure to submit any of the above-mentioned documents does not prevent the positive settlement of the claim according to the statutory conditions.

The moment of filing a claim is the moment when we are notified of the occurrence of a defect and the right to claim liability for defects in the sold item.

Complaints received are handled without undue delay, but no later than 30 days from the date of the complaint , unless we agree otherwise. We will issue a written confirmation of the claim and its settlement.

In the case of a disputed claim, we will decide on its acceptance within three working days from the date of the claim.

This Complaints Procedure is valid and effective from 24 March 2017.

 

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

1. We warrant that the Goods are free from defects at the time the risk of damage passes, in particular that:
2. a) it has the characteristics that we have agreed with you, and if not expressly agreed, then those that we have stated in the description of the Goods or those that can be expected in view of the nature of the Goods;
3. b) it is suitable for the purposes we have stated or for the purposes that are usual for Goods of that type;

(c) corresponds to the quality or workmanship of the agreed sample, if the quality or workmanship has been determined from the sample;

(d) it is in the appropriate quantity and weight;

(e) meets the requirements imposed on it by law;

(f) it is not encumbered by the rights of third parties.

2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
3. In the event that the Goods are defective, you may notify Us of such defect and exercise your rights under the defective performance (i.e. claim the Goods) by sending an email or letter to Our addresses listed in Our identification data. You may also use the sample form provided by Us for making a claim, which is attached as Schedule 1 to the Terms and Conditions. In exercising the right of defective performance, You must choose how You wish to resolve the defect and You cannot subsequently change this choice, except in accordance with clause 7.4, without Our consent. We will settle the claim in accordance with the defective performance right You have exercised. In the event that You do not choose to deal with the defect, You shall have the rights set out in clause 7.5 even in situations where the defective performance was a material breach of the Contract.
4. If the defective performance is a material breach of the Contract, you have the following rights:
5. a) to eliminate the defect by supplying new Goods without defect or by supplying the missing part of the Goods;
6. b) to remove the defect by repairing the Goods;
7. c) a reasonable discount on the Price;
8. d) to withdraw from the Contract.

If You choose to resolve the defect according to a) or b) and We do not remedy the defect in this way within a reasonable period of time specified by Us, or if We tell You that We will not remedy the defect in this way at all, You have rights according to c) and d), even if You did not originally request them as part of the claim. At the same time, if you choose to remedy the defect by repairing the Goods and We find that the defect is irreparable, We will notify you and you may choose another method of remedying the defect.

5. If the defective performance is a non-substantial breach of the Contract, you have the following rights:
6. a) to remove the defect by supplying new Goods without defect or by supplying the missing part of the Goods;
7. b) to remove the defect by repairing the Goods;
8. c) a reasonable discount on the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to the recurrence of defects after the Goods have been repaired or if there are multiple defects in the Goods.

6. In the event of a material or immaterial breach, you may not withdraw from the Contract or require delivery of a new item unless you can return the Goods in the condition in which you received them. This does not apply in the following cases:
7. a) if there has been a change in the condition of the Goods as a result of an inspection to detect a defect;
8. b) if the Goods were used before the defect was discovered;
9. c) if the impossibility of returning the Goods in their unaltered condition was not caused by Your act or omission,
10. d) if the Goods have been sold, consumed or altered by You in the normal course of use before the defect was discovered; however, if this has only partially occurred, it is Your obligation to return the part of the Goods that can be returned, in which case You will not be refunded the part of the Prices corresponding to Your benefit from the use of the part of the Goods.
11. Within 3 days of receipt of the complaint, we will confirm to your email address that we have received the complaint, when we received it and the expected duration of the complaint. We will deal with the complaint without undue delay, but no later than 30 days from receipt. The time limit may be extended by mutual agreement between us. If the time limit expires in vain, you may withdraw from the Contract.
12. We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you will be entitled to a refund of the costs reasonably incurred. You are obliged to prove these costs, e.g. by receipts or shipping receipts. In the event that the defect has been rectified by the delivery of new Goods, it is Your responsibility to return the original Goods to Us, but We shall bear the cost of such return.
13. If you are a business, it is your responsibility to notify and complain about the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.
14. If you are a consumer, you have the right to exercise your rights under defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.
15. The provisions regarding the right of defect shall not apply in the case of:
16. a) Goods that are sold at a lower Price, for the defect for which the lower Price was agreed;
17. b) wear and tear of the Goods caused by their normal use;
18. c) used Goods to a defect corresponding to the level of use or wear and tear that the Goods had when you received them;
19. d) where the nature of the Goods so requires.

 

VIII. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
2. In case you are a consumer, i.e. a person purchasing the Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of § 1829 of the Civil Code. In case we have concluded a Contract, the subject of which is several types of Goods or delivery of several parts of the Goods, this period shall begin on the date of delivery of the last part of the Goods, and in case we have concluded a Contract, on the basis of which we will deliver the Goods to you regularly and repeatedly, it shall begin on the date of delivery of the first delivery. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our address as set out in Our identification details). You may also use the sample form provided by Us for withdrawal, which is attached as Appendix 2 to the Terms and Conditions.
3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract:
4. a) Goods whose Price depends on financial market fluctuations independent of Our will and may occur during the withdrawal period;
5. b) the delivery of alcoholic beverages, which may be delivered after thirty days and their Price depends on financial market fluctuations beyond Our control;
6. c) Goods that have been customised for you or for your person;

(d) Perishable Goods and Goods which have been irretrievably mixed with other Goods after delivery;

1. e) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;

(f) the supply of an audio or visual recording or computer program where the original packaging has been damaged;

(g) the supply of newspapers, periodicals or magazines;

1. h) delivery of digital content, unless it was delivered on a tangible medium and was delivered with Your prior express consent before the expiry of the withdrawal period and We have told You that You have no right to withdraw from the Contract.
2. The withdrawal period under Article VIII.2 of the Terms and Conditions shall be deemed to have been observed if You send Us a notice that You withdraw from the Contract during the withdrawal period.
3. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was credited or to the account selected by the withdrawal. However, the amount will not be refunded until you have returned the Goods to us or proved that they have been sent back to us. Please return the Goods to Us clean, including the original packaging where possible.
4. In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, You are obliged to return the Goods to Us within 14 days of withdrawal and You shall bear the costs of returning the Goods to Us. You are, in turn, entitled to a refund of the Shipping Charge by Us, but only in the amount corresponding to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest delivery method offered by Us for delivery of the Goods.
5. You shall be liable to Us for damages in cases where the Goods are damaged as a result of Your handling of them in a manner other than that which is necessary with respect to their nature and characteristics. We will charge You for the damage caused in such a case after the Goods have been returned to Us and the amount charged is due within 14 days. If We have not yet returned the Price to You, We shall be entitled to set off the claim for costs against Your claim for reimbursement of the Price.
6. We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Article VI.9 of the Conditions. We may also withdraw from the Contract if it is clear that you have intentionally provided incorrect information in the Order. In the event that you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

 

1. DISPUTE RESOLUTION WITH CONSUMERS
2. We are not bound by any codes of conduct in relation to the buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
3. We handle consumer complaints via the electronic address eshop@nonRx.cz. We will send information about the handling of the complaint to the buyer's electronic address.
4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
5. the European Consumer Centre Czech Republic, with 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 dispute resolution for consumer disputes).

 

1. FINAL PROVISIONS
2. If our legal relationship with you contains an international element (for example, we will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this agreement.
3. All written correspondence with you will be delivered by email. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.
4. The Contract may only be amended by written agreement between us. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect existing Contracts, but only Contracts entered into after the amendment takes effect. However, we will only inform you of the change if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to a right of termination as we do not have a Contract that can be terminated) or we are to supply you with Goods on a regular and recurring basis under the Contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in the event that you give notice is 2 months.
5. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), we shall not be liable for damages caused as a result of or in connection with the force majeure, and if the force majeure lasts for more than 10 days, we and you shall have the right to withdraw from the Contract.
6. A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.
7. The Agreement, including the Terms, is archived electronically with Us but is not accessible to You. However, You will always receive these Terms and Conditions and the Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Conditions.
8. These Terms and Conditions shall take effect on 1 March 2023

 

 

ANNEX 1 - COMPLAINT FORM

Addressee:                 Pharmacium spol. s r.o., Staré náměstí 8, Ostrov, Postal code: 363 01

Making a claim

Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Goods that are claimed:
Description of defects Goods:
Suggested method for settling the complaint, if applicable, indicating the bank account number for providing the discount:

At the same time, I ask for a confirmation of the claim, stating when I exercised this right, what is the content of the claim together with my claim, including the date and method of settlement of the claim.

 

Date:

Caption:

 

 

 

ANNEX 2 - WITHDRAWAL FORM

Addressee:                 Pharmacium spol. s r.o., Staré náměstí 8, Ostrov, Postal code: 363 01

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:
Name and surname:
Address:
E-mail address:
Specification of the Goods to which the Contract relates:
The method for reimbursement of the funds received, including, where applicable, the bank account number:

 

If the buyer is a consumer, he/she has the right to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without giving any reason and without any penalty, if he/she ordered the goods via the e-shop of Pharmacium spol. s r.o., Staré náměstí 8, Ostrov, Postcode: 363 01 hereinafter referred to as the "Company" or any other means of distance communication, except for the cases referred to in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. The Buyer shall notify the Company of such withdrawal in writing to the Company's business address or electronically to the e-mail address indicated on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company the goods he has received from the Company without undue delay, not later than within 14 days from the withdrawal from the purchase contract.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return to him without undue delay, no later than within 14 days of withdrawal from the purchase contract, all funds (purchase price of the delivered goods), including the cost of delivery, which he has received from him on the basis of the purchase contract, in the same manner. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Company, the Company shall refund the Buyer the cost of delivery only in the amount corresponding to the cheapest method of delivery offered. The Company shall not be obliged to return the monies received to the Buyer before the Buyer has handed over the goods to the Company or proved that it has dispatched the goods to the Company.

 

Date:

Caption: