GENERAL TERMS AND CONDITIONS FOR ENTREPRENEURS (hereinafter GTC)
1. These Business Terms and Conditions further define the rights and obligations of the parties arising out of or in connection with a Purchase Agreement or a Service Contract concluded through the Internet Store operated at www.epam.eu, www.epam.cz, www.tibetska-medicina.cz and sets out the mutual rights and obligations of the seller and buyer who is not a consumer.
2. The business terms and conditions, which set out the reciprocal rights and obligations of the seller and buyer are under The General Terms and Conditions for Consumers
3. EPAM Distribution, s.r.o., Company ID: 27878945, Kazašská 1426/6, 101 00 Praha 10, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 123673, as the seller - the operator of the Internet shop www.epam.eu, www.epam.cz, www.tibetska-medicina.cz, declares that it will only provide the buyer with goods and services that fully comply with the general and statutory requirements for the given type of goods and services.
Concluding a contract
1. An order sent by the buyer to the seller through the seller's internet shop, by email or telephone orders is a draft contract to purchase the goods or service specified in the order. For these contracts, the information about the goods and services, including their prices published on the website www.epam.eu, www.epam.cz, www.tibetska-medicina.cz, will be used when sending the order to the buyer.
2. By sending an order, the buyer confirms that he/she has read these GTC and fully agrees with them. The buyer is bound by these GTC from the dispatch of the order. Once an order is sent, an error that occurred when entering the data before submitting the order cannot be corrected.
3. After an order is received, the seller will send an electronic reply to the buyer confirming the receipt of the order and the anticipated delivery date of the goods or services depending on the seller's warehouse stock. With this confirmation, the contract between the seller and the buyer is considered as concluded. The seller reserves the right to refuse to conclude a contract for any reason, without giving any reason or withdraw from the contract concluded before the delivery of the goods.
4. A contract under these GTC can be concluded in Czech, English or German, unless agreed otherwise by the parties.
5. The buyer is entitled to cancel a contract concluded on the basis of an accepted order by paying 10% of the price of the goods and services listed in the order.
6. If the seller does not get the goods or services and does not give them to the buyer within three months from receiving the order, the contract expires without further notice.
7. If additional goods or a service are provided free of charge with the goods or service, this gift will be deemed to be a donation, with the relevant gift agreement being a contract dependent on the principal agreement. No buyer has a legal claim to enter into such a gift agreement.
The price of goods and services and paying for goods and services
1. The price of goods and services listed on the websites www.epam.eu, www.epam.cz, www.tibetska-medicina.cz under the heading Prices can be paid:
a) in cash when the goods are collected in person at the seller's warehouse;
b) by a transfer to the seller's bank accounts under the terms of Article IV;
c) cash on delivery of goods in the Czech Republic
d) GoPay payment
2. The price is valid when the order for the goods or services is sent by the seller to the buyer. The seller reserves the right to adjust or change the prices in special cases, such as major exchange differences, excessive inflation, or a significant change in the supplier's terms of supply for manufacturers and other suppliers of goods and services.
3. The seller considers the price to be paid only after the whole price for the goods and services ordered has been credited to the seller’s account. The invoice issued on the basis of a contract concluded between the seller and the buyer also serves as a tax document and a delivery note. The buyer can only take over the goods and services after they have been fully paid for unless agreed otherwise. The transport costs are added to the price according to the way the goods and services are collected.
4. If the buyer is partially or fully in default with paying for goods and/or services, or if the seller has reasonable concerns about the buyer's insolvency, the seller is not obliged to make further deliveries. If a buyer is overdue in paying the purchase price for more than 30 days after the due date, the seller is entitled to withdraw from the contract or refuse the order.
5. If the price of the goods and/or services is not paid on time and properly, the seller can demand a contractual penalty of 0.05% of the outstanding amount for each overdue day. The payment of the contractual penalty does not affect the seller’s right to compensation for the damage suffered.
Delivery terms, transfer of ownership and damage to goods
1. The place of performance will be the place where the seller delivers the goods to the first carrier or provides the service; for personal collection - the store of the seller.
2. The delivery time is 15 days from order confirmation depending on the Seller's warehouse stock. If the delivery term cannot be observed, the seller will notify the buyer without undue delay of a new delivery period. When accepting the goods or services, the buyer must check the integrity of the packages, the number of goods delivered and the conformity with the contract concluded with the seller and, if there are defects, notify the carrier or the seller without undue delay. The seller recommends not accepting a consignment in one’s own interest if it is found that the package has been interfered with indicating unauthorized tampering!
3. By accepting a shipment, the buyer confirms that it meets all the conditions and requirements above and a subsequent complaint about the shipment's packaging defect will be disregarded. An invoice serving at the same time as a tax document is attached to the consignment.
4. If the goods or services ordered cannot be delivered to the carrier within the delivery period, the seller will notify the buyer in writing. In this case, the buyer must allow the seller to specify a new delivery date, provision of services, within a substitute period comparable to the initial period.
5. The place of delivery of the goods is the address stated by the buyer in the order. Goods shipments always contain a tax document.
6. If the goods are transported by a carrier who cannot contact the buyer at the indicated address, the carrier is entitled to pass the goods to another adult at the designated address who is willing to take over the goods and pay the purchase price and give them to the buyer or leave a written notice of the date and place of the shipment, the date when the buyer can pick up the goods and the telephone number where the buyer can agree on the date and method of taking over the goods. If the buyer does not take over the goods, the buyer is liable for the damage caused. The buyer must compensate the seller for the costs of the repeated delivery of the goods or providing the service and any storage at the buyer's risk to the seller, carrier or third party.
7. If the buyer of the goods or service for reasons of his/her own refuses to accept them, the obligation of the seller to give the goods to the buyer or to provide the service will expire.
8. The right to the ownership of the goods as well as the risk of damage to the goods will pass to the buyer when taking over the goods, unless expressly stated otherwise in these GTC or the contract concluded between the seller and the buyer.
9. The seller gives the buyer an invoice together with the goods or service. The buyer must inspect the delivered goods or the provided service and the attached invoice after taking them over and notify the seller of any defects or variation from the contract without undue delay in writing. This especially applies to cases where the delivered goods or services do not agree with the content of the order and the attached invoices. The buyer must specify the defects in the notice.
10. All shipments are dispatched by The Czech Post Office or GLS General logistics Czech Republic, s.r.o. (hereinafter "GLS").
11. The price of transport and packing when sending goods in the Czech Republic using the carrier:
- Česká pošta, s.p. for purchases up to 1,499 CZK incl. VAT is 150 CZK;
- Česká pošta, s.p. for purchases over 1,500 CZK incl. VAT is FREE;
- Česká pošta, s.p when paying in advance for the proforma invoice is 90 CZK;
- GLS for purchases up to CZK 1,499, including VAT is 120 CZK;
- GLS for purchases over 1,500 CZK incl. VAT is FREE;
- GLS when paying in advance on the proforma invoice (order form) is CZK 70.
12. The price of transport and packing when sending goods in the Slovak Republic:
- for purchases up to 100 EUR incl. VAT is 400 CZK (14.82 EUR), by The Czech Post
- for purchases up to 100 EUR incl. VAT is 300 CZK (€ 11.11) by GLS
- for purchases over 100 EUR incl. VAT is FREE.
13. The cost of transport and packing must be paid by customers in the European Union outside the Czech Republic and the Slovak Republic in full according to the valid price list of the carrier regardless of the price of the order. The price of shipping and packing is calculated automatically when ordered according to the weight of the goods.
14. If the buyer, in accordance with the generally binding legal regulations, wants the goods or services without VAT, he/she must state this in the note when ordering the goods or service, send an email to the address of the seller at email@example.com, enter the VAT ID and prove the validity of the request with the relevant documents. If these conditions are not complied with, the buyer is charged the full price including VAT.
15. Goods or services ordered and subsequently dispatched can be paid for in advance by a bank transfer to the seller’s bank account, which will be given to the buyer in the order confirmation and issued proforma invoice. The goods are dispatched after the amount has been credited to the seller's account. Bank charges are paid by the seller (OUR).
Withdrawing from the contract, claims, liability for damage
1. The buyer has the right to withdraw from the contract under the conditions stated in these GTC and the generally binding legal regulations.
2. The buyer's rights for a faulty performance are governed by the Civil Code, as amended and the generally binding legal regulations. The seller's warehouse at Kazašská 1426/6, 101 00 Prague 10 is the place of a complaint for defective performance.
3. The seller does not guarantee the quality of the goods and/or services, unless expressly agreed otherwise.
4. Complaints must always include:
• the date of ordering the goods or service or proof of payment for the goods or service;
• a description of the defect and information about how the buyer proposes to deal with it;
• the buyer's contact details including a functioning email address;
• specification of the defective goods or service;
• the buyer's signature.
5. If a complaint is unjustified, the buyer pays for transport to the place where the complaint is made.
6. The seller undertakes to remove the defect in the goods or services notified in a legitimate and correctly claimed complaint. The seller determines how the complaint is made, to the extent determined by the generally binding legal regulations.
7. The seller is not responsible for defects resulting from processing goods or using services.
8. The seller is liable for actual damage caused by individual deliveries of goods and/or services to the buyer, proven and duly claimed by the buyer, up to the price of the delivery.
Protection of personal data
1. The protection of the buyer's personal data is provided in particular by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter the "Personal Data Protection Act").
2. The buyer agrees to the processing of this personal data: name and surname, title in front of the name, title behind the name, residence address, registered office address, billing address, identification number, tax identification number, email address and telephone number, postcode, date of birth, gender (collectively referred to as "personal data").
3. The buyer agrees to the processing of personal data by the seller, who is their respective Administrator within the meaning of the Personal Data Protection Act, to carry out the rights and obligations of the Purchase Contract, the Service Provision Agreement, to maintain the Buyer's User Account and for sending information and business communications to the buyer.
4. The Buyer acknowledges that he must state his/her personal details (when registering, in the User Account, in an order) correctly and truthfully and that he/she must inform the seller about a change in his/her personal data without undue delay.
5. Other than persons transporting goods or providing services, personal data will not be passed on or made available to third parties by the seller without the buyer's prior consent.
6. The seller can authorize a third party to process the buyer's personal data and will notify the buyer in advance.
7. The consent to the processing of personal data is given by the buyer for an indefinite period of time. The personal data will be processed automatically electronically or in printed form manually.
8. The buyer confirms that the personal data provided is accurate and is provided voluntarily, seriously and freely.
9. If the buyer believes that the seller or a person authorized by him/her is processing his/her personal data contrary to the protection of the buyer's private and personal life or in contravention of the law, especially if the personal data is inaccurate with regard to the purpose of the processing the buyer can, in accordance with Section 21 of the Personal Data Protection Act:
• ask the seller or processor for an explanation;
• require the seller or processor to remove the resulting situation. In particular, blocking, repairing, supplementing or disposing of the personal data.
10. If the buyer's request under the preceding sentence is found to be justified, the seller or processor must immediately remove the defective situation. If the seller or processor does not comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision does not affect the buyer's right to contact the Office for Personal Data Protection directly with the complaint.
11. If the buyer asks for information about the processing of his/her personal data pursuant to Section 12 of the Personal Data Protection Act, the seller must submit this information. The seller has the right to provide information under the previous sentence on request for reasonable compensation not exceeding the cost needed to provide the information.
12. The buyer declares that he has been properly and comprehensively instructed about all the above facts and rights, prior to sending an order, well in advance of concluding the contract.
13. The buyer agrees to store cookies on his/her computer. If an order on a web site can be made and the seller's obligations under the applicable contract can be fulfilled without cookies being deposited on the purchaser's computer, the buyer can withdraw the consent under the preceding sentence at any time.
1. The buyer can access his/her user interface based on the buyer's registration on the website. The buyer can order goods or services from the user interface (the "User Account"). If the web interface of the store allows, the buyer can also order goods or services without registering directly from the web interface of the store.
2. When registering on a web site and ordering goods or services, the buyer must give all the data correctly and truthfully. The buyer must update the details given in the User Account if they change. The data provided by the buyer on a User Account and when ordering goods or services is considered correct and complete by the seller.
3. If the buyer completes the information about a legal entity (company, ID and TAX ID), the seller considers the buyer's conduct as a negotiation on behalf of that legal entity and considers the legal person to be a person whose contractual relationship is subject to the General Business Conditions for Entrepreneurs.
4. Access to the User Account is secured by the user name and password.
5. The buyer must keep confidential the information needed to access his/her user account and acknowledges that the seller is not liable for the buyer breaching this obligation.
6. The buyer is not allowed to let third parties use the User Account.
7. The seller can cancel the User Account, especially if the buyer does not use it for more than 1 year, or the buyer violates his/her obligations under the concluded contract (including the GTC).
8. The buyer acknowledges that the User Account may not always be available, especially during the necessary maintenance of the hardware and software of the Seller and the hardware and software of third parties.
1. These GTC apply to the extent and wording stated on the websites www.epam.eu, www.epam.cz, www.tibetska-medicina.cz and on the date the buyer sends the order.
2. By sending an electronic order, the buyer confirms to the seller that he accepts the price for the ordered goods or service, including any shipping costs and all the business terms and conditions applicable when making and sending the order.
3. The rights and obligations of these GTC are governed by the generally binding legal regulations, in particular Act No. 89/2012 Coll., The Civil Code, as amended.
4. The seller does not provide any other services after the sale of the goods or after providing the ordered services, except for the services explicitly provided by the seller on its website for individual goods or services.
5. Information notice pursuant to Act No. 112/2016 Coll., on sales records, as amended:
• Under the Sales Records Act, the seller must issue a receipt to the buyer. At the same time, he/she must register the received revenue with the tax administrator online; if there is a technical outage, within 48 hours at the latest, if the seller records the sales at a checkout under the normal regime.
• Under the Sales Records Act, the seller must issue a receipt to the buyer. The seller records the sale in the simplified regime, i.e. must register the received revenue with the tax administrator within 5 days at the latest if the taxpayer records the revenues at a given point of sale under the simplified regime.
6. The buyer is bound by the Purchase Order for the period determined for the delivery of the goods or service.
Valid from 1.10.2017 until amended