TERMS AND CONDITIONS

IMUNI s.r.o., registered office at Bezručova 1863/58, 692 01 Mikulov, CIN: 09715541
for the sale of goods via an online shop located at the following internet address
www.imuni.eu

1. Introductory provisions

1.1. These These Terms and Conditions (hereinafter referred to as “T&C”) of IMUNI s.r.o., registered office at Bezručova 1863/58, 692 01 Mikulov, CIN: 09715541 (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Contracting Parties arising in connection with or based on a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store.

1.2. The online store is operated by the Seller on the Website located at www.imuni.eu (hereinafter referred to as the “Website”), through the Website Interface (hereinafter referred to as the “Web Interface”).

1.3. These T&C shall apply unless otherwise agreed in the Purchase Contract.

1.4. These T&C form an integral part of the Purchase Contract. The Buyer confirms that they have read the T&C and agree to them by concluding the Purchase Contract. The Buyer is informed T&C sufficiently before the actual execution of the order and, thus, has the opportunity to get acquainted with them or to express their disagreement, but no later than before the conclusion of the Purchase Contract.

2. Ordering the goods and concluding the Purchase Contract

2.1. All presentation of the goods included in the shop’s Web Interface has only an informative nature. The Seller is not obliged to conclude a Purchase Contract concerning the goods. Section 1732(2) of the Civil Code shall not be applied.

2.2. The shop’s Web Interface contains information about the goods, including their individual prices. The prices of the goods are inclusive of value-added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the shop’s Web Interface. This provision shall not restrict the Seller’s ability to conclude a Purchase Contract using individually agreed terms.

2.3. The Buyer can place orders for goods via their user account or without registration directly from the shop’s Web Interface.

2.4. When registering on the Website and ordering goods, the Buyer is obliged to provide correct and truthful information.

2.5. The Buyer places the requested goods in the cart. They also fill in the number of goods and indicate any additional notes and specific requirements. When placing the order, the Buyer shall also indicate the payment method for the goods and the delivery address. By filling in all the requested data and the final confirmation of the order by the Buyer, the order becomes binding. Such order constitutes an offer to conclude a contract.

2.6. A Purchase Contract between the Seller and the Buyer is concluded by receiving an order acceptance (confirmation), sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address specified in the order or specified upon creating a user account (hereinafter referred to as “Order Confirmation”). Confirmation of the order constitutes the conclusion of the Purchase Contract.

2.7. The Seller is entitled to refuse an order, even without giving a reason. The Buyer will be informed of the rejection of the order within five (5) working days.

3. User account

3.1. The Buyer can set up a user account on the shop’s Web Interface. The Buyer can order goods using their user interface.

3.2. Access to the user account is secured by the user name and password chosen by the Buyer during registration.

3.3. The Buyer is obliged to maintain the confidentiality of the information necessary to access their user account. The Buyer is not entitled to allow third parties to use their user account.

3.4. The Seller may cancel the user account, especially if the Buyer has not used their user account for more than two (2) years or if the Buyer grossly violates their obligations under the Purchase Contract (including the T&C).

3.5. Kupující je povinen údaje uvedené při zřízení uživatelského účtu pravidelně kontrolovat a při jakékoli změně tyto aktualizovat. Prodávající nenese odpovědnost za to, že údaje uvedené kupujícím budou nepravdivé či neaktuální.

3.6. The Buyer acknowledges that the user account may not be available continuously, especially in connection with the necessary hardware and software maintenance.

4. Delivery of goods

4.1. The shop’s Web Interface contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the Web Interface applies only if the goods are to be delivered within the Czech Republic. If the goods are delivered abroad, the shipping costs of the ordered goods abroad shall be determined according to the currently valid pricelist of the cooperating carriers.

4.2. The goods shall be sent to the specified address via Zásilkovna s.r.o.

4.3. The Buyer expressly acknowledges that the individual delivery methods are charged per the pricelist of the respective delivery service provider. At the same time, the price does not form part of the goods price, and the Buyer is obliged to pay it.

4.4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging, and if there are any defects, immediately notify the carrier. If the packaging is damaged, indicating that the shipment has been tampered with, the Buyer is not obliged to accept the parcel from the carrier.

5. Price of goods and payment terms

5.1. The Buyer may pay the price of the goods and any costs associated with the delivery thereof under the Purchase Contract to the Seller using the following ways:

5.1.1.By wire transfer to the Seller’s bank account, according to the instructions sent in the confirmation e-mail,

5.1.2.Cashless via the PayPal payment system, or

5.1.3.Cashless by credit card.

5.2. The Buyer acknowledges that when choosing to pay by one of the online payment methods, the price must be paid in advance, i. e., the ordered goods will be sent to the Buyer only after the total purchase price for the ordered goods has been credited to the Seller’s account.

5.3. Together with the purchase price, the Buyer is also obliged to pay the Seller the agreed costs for the packaging and delivery of the goods. If the place of delivery has been specified as a place outside the Czech Republic, the Buyer shall bear the total cost of transporting the ordered goods abroad, according to the currently valid pricelist of cooperating carriers. Unless expressly stated otherwise, the purchase price also includes the costs for the packaging and delivery of the goods.

5.4. In the case of cashless payment, the purchase price is payable within seven (7) days of the conclusion of the Purchase Contract. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is considered fulfilled when the appropriate amount has been credited to the Seller’s account.

5.5. The Seller shall issue a tax document – an invoice – to the Buyer after paying the price of the goods and send it in the electronic form to the Buyer’s electronic address.

5.6. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received sales with the tax administrator online; in case of technical failure within 48 hours at the latest.

6. Other arrangements

6.1. The Buyer shall acquire ownership of the goods upon paying their total purchase price.

6.2. By submitting the order, the Buyer confirms that they have received clear and understandable information required by law from the Seller before the conclusion of the contract in accordance with the provisions of Section 1810 et seq. of the Civil Code.

7. Withdrawal from the Purchase Contract by the Buyer – consumer

7.1. This article of the T&C shall apply only to cases where the Buyer is a consumer within the meaning of Section 419 of the Civil Code.

7.2. The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, unless the case referred to in the following paragraph or any other case where the Purchase Contract cannot be withdrawn. This period shall commence from the date of acceptance of the goods.

7.3. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Contract for the delivery of goods that have been modified or made according to the Buyer’s wishes or for the Buyer’s person cannot be withdrawn.

7.4. The Seller must be notified of the withdrawal from the Purchase Contract within the period specified in clause 7.2 above.

7.5. The Purchase Contract shall be cancelled from the outset upon its cancellation. The Buyer shall return the goods to the Seller together with the withdrawal notice. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller.

7.6. The Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance already provided by the Buyer upon return of the goods by the Buyer or otherwise, provided that the Buyer agrees to do so and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that they have sent the goods to the Seller.

7.7. The Buyer acknowledges that should the goods returned to the Seller be damaged, worn out or partially consumed, the Seller is entitled to compensation for the damage incurred by the Buyer. The Seller is also entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim to reimburse the purchase price.

7.8. If the Buyer has received a gift together with the goods, the gift contract between the Seller and the Buyer is concluded with the resolutive condition that if the Buyer withdraws from the Purchase Contract, the gift contract shall cease to be effective regarding such gift and the Buyer shall be obliged to return the gift together with the goods to the Seller.

8. Rights from defective performance

8.1. The Seller shall provide a warranty for the goods they supply for one (1) year from the date of delivery of the goods to the Buyer.

8.2. The rights and obligations of the Contracting Parties concerning rights arising 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, in the case of consumer purchasers, also Act No. 634/1992 Coll., on Consumer Protection, as amended).

8.3. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took over the goods:

8.3.1. The goods have the characteristics agreed between the Contracting Parties and, in the absence of agreement, have the features described by the Seller or manufacturer or expected by the Buyer given the nature of the goods and based on the advertising carried out by them,

8.3.2. The goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,

8.3.3. The goods correspond in quality or workmanship to the agreed sample or pattern, should the quality or workmanship be determined according to the approved model or design,

8.3.4. The goods are in the appropriate quantity, measure or weight, and

8.3.5. The goods comply with the requirements of the legislation.

9. Complaints Procedure

9.1. The Buyer is entitled to claim the delivered goods, either by sending a claim to the e-mail address: support@imuni.eu or by mail at the Seller’s registered office, i. e., at Bezručova 1863/58, 692 01 Mikulov.

9.2. The Seller shall decide on the complaint within three (3) working days of its receipt and notify the Buyer by e-mail unless otherwise agreed with the Buyer. The time limit does not include the time reasonable according to the type of object of sale required for a professional assessment of the defect.

9.3. Complaints, including the removal of defects, shall be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer have agreed otherwise.

9.4. The Seller is obliged to issue the Buyer a written confirmation concerning the date when the Buyer has exercised the right, what is the content of the claim and what method of handling the claim the Buyer requires; as well as a confirmation of the date and method of managing the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of such a claim.

9.5. Upon notifying the Seller of the defect or without undue delay after notification of the defect, the Buyer shall inform the Seller of the right chosen by the Buyer. The Buyer cannot change the choice made without the Seller’s consent.

10. Consumer dispute resolution

10.1. The Seller shall manage consumer complaints via the electronic address support@imuni.eu. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s electronic address.

10.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, CIN: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase 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 under the Purchase Contract.

10.3. 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 specified in 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).

11. Handling of personal data

11.1. The Seller fulfils their information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) relating to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the Seller’s public law obligations through a separate document available here: the Personal Data Protection.

12. ComGate payment gateway

12.1 The payment gateway provider is ComGate Payments a.s.

12.2 For any complaints or questions regarding payments, please contact the payment gateway provider ComGate Payments a.s. (https://www.comgate.cz/cz/platebni-brana), Gočárova třída 1754 / 48b, Hradec Králové, E-mail: platby-podpora@comgate.cz, Tel: +420 228 224 267

12.3 You can use the ComGate payment gateway from ComGate Payments a.s. to make payments by VISA, VISA Electron, MasterCard, Diners Club, Apple Pay. The payment gateway also allows payment using banks’ payment buttons in the Czech Republic and Slovakia.

13. Final provisions

13.1. If any provision of the T&C is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision with meaning that is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

13.2. The Purchase Contract, including the T&C, shall be archived by the Seller in electronic form and is not accessible.

13.3. The text of the T&C may not be copied, distributed or otherwise used in any way contrary to the purpose for which the T&C have been presented to the Buyer.

13.4. In situations not expressly regulated by the Purchase Contract or the T&C, the relevant provisions of law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, shall apply.

13.5. The Seller reserves the right to amend or supplement the T&C. Any changes will be notified to registered Buyers via their user account. Other Buyers and prospective customers will have the current T&C available on the Website.

13.6. The Buyer has been duly acquainted with and agrees to the Seller’s Terms and Conditions; and they have expressly confirmed it in the order.

13.7. The T&C shall become valid and effective as of May 1st, 2021.