GENERAL BUSINESS TERMS AND CONDITIONS
FOR LIFE spol. s r.o.,
619 00 Brno
ID: 49977580, TAX ID: CZ49977580
Registered with the Regional commercial Court in Brno, Section C, Insert No. 14156.
tel.: + 420 545 245 048 - 49, + 420 736 142 376
I. General Provisions
1. These General Business Terms and Conditions (hereinafter just the “Business Conditions”) are valid for all purchases made through the internet shop of the Seller, operated at the www.forlifemadaga.com website (hereinafter also just the “e-shop“), and they determine in details the rights and obligations of the Seller and Buyer. These Business Conditions are available to every e-shop user. For delivery to places outside the Czech Republic, please go to the main web site and click on the flag of the state you want the goods to be delivered to.
2. All contractual relationships between the Seller and the Buyer are governed by the Czech law, especially by the Act No. 89/2012 Coll, Civil Code, as amended (hereinafter also just the “CC“).
3. Pursuant to § 419 of the Civil Code, a Consumer is any person entering a contract or otherwise dealing with an entrepreneur, unless doing so within the scope of their own business activities or within the scope of their job performance (every such person is hereinafter referred to as the “Consumer”).
4. Pursuant to § 420 of the Civil Code, any person who, on his own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit is is considered with regard to this activity, to be an entrepreneur. For the purposes of consumer protection and for the purposes of Section 1963, any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur is considered to be an entrepreneur.
II. Purchase Contract
1. The contractual relationship between the Seller and the Buyer is determined by the relevant provisions of the Civil Code (§ 1810 et seq., § 2085 to 2127 and § 2158 et seq.) and by the purchase contract which includes these Business Conditions.
2. The goods shown on the e-shop website are always available unless a text notification next to the given item states otherwise. An order shall be made by the Buyer by sending a properly filled-out Order within the e-shop, including the consent with these Business Conditions. The Seller shall automatically confirm receiving the order, stating the order summary including relevant prices, by sending an e-mail to the address listed by the Buyer in the Order. A purchase contract is concluded at the moment of delivery of the order to the Seller. Each purchase contract consists of the content of the given order and these Business Conditions. If the goods are listed within the e-shop as available “upon request”, the purchase contract can’t be concluded without prior confirmation of the goods’ availability.
3. A prerequisite for the purchase contract conclusion is reaching an agreement on all its formalities (requirements of the contract) set by the CC.
4. By concluding a purchase contract, the Seller becomes obliged to deliver the goods to the Buyer and to make it possible for the Buyer to assume ownership rights to the goods; the Buyer becomes obliged to receive the goods and to pay the purchase price to the Seller.
5. By concluding the purchase contract, the Buyer expressly declares, that he/she is aware that these Business Conditions are an integral part of the purchase contract and that he/she has become acquainted with these Business Conditions thoroughly. The Buyer had been sufficiently notified about these Business Conditions prior concluding the purchase contract, and he had a chance to become acquainted with their full wording.
6. The Seller can withdraw from the already concluded contract if the Buyer has not fulfilled his obligation to pay the purchase price for the goods including the costs related to the delivery of the goods, as well as if the Buyer has ordered the goods at the price which was mistakenly specified on the e-shop website and which was evidently not corresponding to the real value of those goods.
III. Specification of the Goods and the Price of the Goods
1. The name of the goods and the description of the goods’ main characteristics are listed directly in the e-shop, next to each item.
2. The price of the goods is listed directly in the e-shop, next to each item. This price includes all taxes and fees. The Seller shall also charge the Buyer in excess of the price of the goods for the costs of delivery of the goods to the Buyer, in accordance with the conditions stipulated in these Business Conditions.
3. The purchase price shall be agreed within every purchase contract, and the purchase price shall correspond with the price of the relevant goods, listed in the e-shop at the time of sending the order by the Buyer. The Seller is entitled to unilaterally change the prices, but any such change shall have no impact on the already concluded purchase contract.
IV. Payment Conditions
1. The payment method of the purchase price for the EU countries (except for the Czech Republic, Slovak Republic, and Poland) shall be stipulated in the purchase contract and shall correspond to payment method chosen by the Buyer in his order.
On-line payment by payment card: The purchase price is paid by the Buyer by wire transfer via the payment gateway.
V. Delivery Conditions
1. The goods shall be sent to the Buyer’s address, provided by the Buyer in the order, using the forwarder chosen by the Buyer in the order: PPL/DHL forwarder. We do not send goods outside EU countries!
2. The goods shall be sent to the Buyer within 2 working days from the conclusion of the purchase contract and the day on which the purchase price was credited to the Seller’s account. The overall delivery time depends on the forwarder’s delivery times set for the destination country. The parcel shall contain the goods ordered and the sales receipt. In case of multi-item order, the individual items may be sent in several individual shipments, but the postage shall not be increased.
3. The delivery costs of the goods ordered within a single order are independent of the number of ordered pieces (items) and the method of delivery. If the Buyer fails to pick up the parcel and the parcel is returned to the Seller, the Seller reserves the right to increase the total price of the order by new delivery costs of the repeated delivery.
The delivery costs listed are valid for deliveries within the EU. Delivery to other countries - the non-EU states - shall be made in accordance with the current PPL/DHL tariffs and the Buyer will be informed on the delivery costs in the confirmation of his order.
The Buyer gives his consent to the Seller to provide the chosen forwarder with the information about the Buyer to the extent necessary for proper delivery of the goods.
4. Prior the delivery of the goods, the Seller shall pack and mark the goods on his own expense in a way stipulated in the purchase contract, or in any usual way corresponding with the method of delivery and use.
5. If required by the nature of the goods or if required by the relevant cogent legal standard, the Seller is obliged to deliver to the Buyer the documentation related to the goods, which is necessary for receiving and use of the goods delivered. The Buyer can find detailed information on the goods as well as the instructions for the use of the goods in e-shop before closing the purchase contract. This information is also contained in the package leaflet that is a part and parcel of the package with the goods delivered to the Buyer based on the purchase contract.
VI. Assuming the Ownership Rights and Transfer of the Risk of Damage
1. If the Buyer is a Consumer, the ownership rights to the goods, as well as the risk of damage passes to the Buyer at the moment of receiving the goods from the chosen forwarder.
2. If the Buyer is not a Consumer, the Seller shall handover the goods to the Buyer by giving the goods to the chosen forwarder for the purpose of the delivery to the Buyer, enabling the Buyer to claim the rights from the transport contract against the chosen forwarder. The risk of damage to the goods passes on the Buyer who is not a consumer upon handover of the goods to the chosen forwarder for the purpose of the delivery to the location specified in the order.
VII. Claims Arising from Defects of the Goods
1. The Seller shall deliver the goods to the Buyer in the quantity, quality, and design as stipulated in the purchase agreement. If the quality and design are not agreed the Seller shall supply the goods in quality and design suitable for the purpose evident from the purchase contract, otherwise usual for the given purpose.
2. All claims arising from defects of the goods (including the way of processing of claims) are governed by the relevant provisions of the CC.
3. The Buyer is obliged to file a claim with the Seller without any undue delay from finding the deficiency. When doing so in writing or electronically, the Buyer should submit his/her contact information, description of the defect and the requirement for a method of settling the claim.
4. The Buyer must prove purchasing the goods (preferably by an evidence of the purchase). The deadline for settling a claim runs from the handover / delivery of the goods to the Seller or to the designated service location. The goods should be packed in suitable packaging to avoid damage, it should be clean and complete.
5. The Seller is obliged to decide on the claim within three working days, or to decide that an expert evaluation, possibly laboratory tests, are needed for the final decision. Within this period, the Seller shall inform the Buyer about the necessity of an expert evaluation. Any claim, including the removal of defects, shall be handled by the Seller without undue delay, within 30 days from the day the claim was filed, unless a longer period is agreed with the Buyer in writing. After this period, the Buyer has the same rights as if the defect is not removable.
6. The warranty period is extended by the time period from the day the claim was filed until it was resolved or until the Buyer was obliged to pick up the item. In case of exchange of the goods under warranty, or any parts thereof, the warranty period on the goods or part exchanged starts from the beginning. If it is not possible to monitor the status of settlement of the claim online, the Seller undertakes to inform the Buyer about it according to the Buyer's request by e-mail message or via SMS.
7. For justified claims, the Buyer is entitled to reimbursement for the costs incurred in relation to the claim in the amount necessary.
For unjustified claims, the Seller is entitled to the same.
VIII. Consumer’s Right to Withdraw from the Purchase Contract
1. The provisions of this article apply only to the Buyer who is a Consumer.
2. The Consumer is entitled to withdraw from the purchase contract without stating the reason within the time period of fourteen days. The time period pursuant the preceding sentence runs from the day of receiving the goods; if the subject of the purchase contract consisted of several products (items), this time period starts on the day of receiving the last part of the goods. The time period for the withdrawal is considered as met if the Consumer sends to the Seller a notification about the withdrawal from the purchase contract within this period.
3. If the Consumer withdraws from the purchase contract, he/she shall return the goods received from the Seller back to the Seller without any undue delay, no later than within fourteen days from the day of the withdrawal. In such case, the costs of the return of the goods to the Seller are borne by the Consumer.
4. If the Consumer withdraws from the purchase contract, the Seller shall refund the amount of money obtained from the Consumer as well as the necessary minimal costs of delivery of those goods and shall do so in the same way the Seller has received such amount from the Consumer. The Seller shall do so without any undue delay, no later than within fourteen days from the day of the withdrawal. The Seller shall refund the amount received in another way only if the Consumer agrees to it and if it doesn’t cause any additional costs to the Consumer.
5. The goods must be returned to the Seller (not by the means of COD) in the original, undamaged packaging; it must be free of any signs of opening, use, or damage. The costs for the return of the goods to the Seller are borne by the Consumer. The Consumer is liable to the Seller for any decrease in value of the returned goods. If the goods returned are damaged due to the breach of the obligations of the Buyer, the Seller is entitled to claim reimbursement for the damage and to offset such amount against the amount to be refunded to the Buyer.
6. If the Consumer withdraws from the purchase contract, the Seller is not obliged to refund the amount received until the Consumer returns the goods, or until the Consumer proves sending the goods back to the Seller.
7. Pursuant the relevant provisions of the CC, the Seller informs the Consumer that the Consumer is entitled (but not obliged) to withdraw from the purchase contract pursuant to this article of the Business Conditions by using the form, available below, including the information on the right of withdrawal from the purchase contract pursuant the government Regulation No. 363/2013 Coll.
8. The Buyer is not entitled to withdraw from the purchase contract concluded for the goods in a sealed package when the Consumer has removed the goods from the sealed package and when the goods cannot be returned for the hygienic reasons.
IX. Personal Data Protection
1. By concluding the purchase contract, the Buyer expresses his consent with collecting and processing of his/her personal data (stated in the purchase contract) in the customer database of the Seller, for the purpose of the fulfilment of the purchase contract and for the justified interests of the Seller (especially direct marketing), until such consent is revoked by the Buyer in a form of a written notification sent to the Seller.
2. The Seller shall store the customers’ data pursuant to generally binding legal regulations of the Czech Republic, in particular pursuant to the Act No.101/2000 Coll, on Personal Data Protection, as amended. The personal data of the buyers shall be protected against any misuse. The Seller shall not disclose the personal data to any third party, with the exemption of legal obligation to disclose such data and with the exemption of postal and other forwarders authorized to deliver the goods, who shall be provided only with the information necessary for the delivery of the goods.
3. The Buyer has the right to access his/her personal data, the right to raise objections against processing and collecting personal data, the right to their corrections, and other legal rights concerning such data. The personal data may be removed from the database based on a written request of the Buyer, sent to the Seller and requesting removal of such data.
4. For more information on personal data protection, see https://forlifemadaga.com/cz./privacy-notice.
X. Contact Details of the Seller
Contact details of the Seller are stated in the heading of these GENERAL BUSINESS TERMS AND CONDITIONS.
XI. Extrajudicial Processing of Consumers' Complaints
1. Pursuant the provisions of § 1820, Art. 1), letter j) of the CC, the Seller informs, that the Buyer may turn to the inspection authority, which is the Czech Trade Inspection, with any extrajudicial complaint. The Czech Trade Inspection processes the consumers’ complaints in accordance with the conditions laid down by the relevant legal regulations.
2. In case of any consumer dispute, arising from the purchase contract between the Seller and the Consumer, which cannot be resolved by mutual agreement, the Consumer may file a petition for extrajudicial settlement of such dispute, with the authority designated for extrajudicial settlement of consumer disputes, which is:
Czech Trade Inspection
Central inspectorate – ADR Department
120 00 Praha 2
The Consumer may also use the online platform for settlement of disputes, established by the European Commission at http://ec.europa.eu/consumers/odr/.
XII. Final Provisions
1. The purchase contract may be concluded in the Czech language or in other languages, unless it would constitute a reason preventing its conclusion.
2. The Seller is entitled to change the Business Conditions anytime. However, each individual purchase contract shall be governed by the Business Conditions as stated in the e-shop at the moment the order is sent.
3. These Business Conditions become effective on 1st January 2014.
4. These Business Conditions include a sample Form for the Withdrawal from the Purchase Contract.
A) INFORMATION ON THE WITHDRAWAL FROM THE PURCHASE CONTRACT
1. Right to Withdraw from the Purchase Contract
1.1 Within 14 days, you are entitled to withdraw from this contract without stating the reason.
You are not entitled to withdraw from the purchase contract concluded for the goods in a sealed package, when you have removed the goods from the sealed package and when the goods cannot be returned for the hygienic reasons.
1.2 You are entitled to withdraw from this contract without stating the reason within 14 days from the day following the day when you or a third person authorized by you (other than the forwarder) accepted the goods.
1.3 For the purpose of execution of your right to withdraw from this contract, you must inform
FOR LIFE spol. s r.o., Moravanská 191/85, 619 00 Brno, Czech Republic,
tel.: + 420 545 245 048 - 49, + 420 736 142 376, e-mail: firstname.lastname@example.org
of such withdrawal, in a form of an unilateral legal act (e.g. letter sent via postal service forwarder or by e-mail).
You may, but you don’t have to use the sample Form for the Withdrawal from the Purchase.
If you use this option, we will send you our confirmation about receiving this notification and withdrawal from the contract.
1.4 To comply with the deadline for withdrawal from the contract, it is sufficient to send the withdrawal before the relevant deadline (§ 1818 CC).
2. Consequences of the Withdrawal from the Contract
2.1 If you withdraw from this contract, we will refund all payments received from you, including the costs of delivery (except for the additional costs incurred as a result of your chosen delivery method, which is different than the least expensive type of standard delivery offered by us) without any delay, no later than within 14 days from the day we received your notice of withdrawal. To refund the payments, we shall use the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any additional costs. The refund shall be made after receiving the returned goods, or after you prove that you have sent us the returned goods, whichever comes first.
a) Receiving the Goods
Send us the goods without any delay, no later than within 14 days from the day of the withdrawal from this contract, or return it personally at the following address
FOR LIFE spol. s r.o., Moravanská 191/85, 619 00 Brno, Czech Republic
tel.: + 420 545 245 048 - 49, + 420 736 142 376
The time period for the withdrawal is considered to be met if you send us the goods prior the period of 14 days elapses.
b) The Costs of the Return of the Goods
The costs of the return of the goods to the Seller are borne by the Buyer.
c) Liability for Decrease in the Value of the Returned Goods
You are only liable for the decrease in the value of the goods if the decrease was caused by handling of the goods in a way inappropriate to the goods’ nature, properties, and functionality.
B) SAMPLE FORM FOR THE WITHDRAWAL FROM THE PURCHASE CONTRACT:
The sample form for the withdrawal from the purchase contract CAN BE DOWNLOADED HERE.
(Fill out this form and send it back only if you wish to withdraw from the contract)
Sample Form for the Withdrawal from the Purchase Contract:
NOTICE OF WITHDRAWAL FROM THE CONTACT
FOR LIFE spol. s r.o., Moravanská 191/85, 619 00 Brno, Czech Republic
Identification number: 49977580, VAT number: CZ49977580
Registered at the Regional Court in Brno, under Head C, Insert 14156
Phone number: + 420 545 245 048 - 49, + 420 736 142 376
I hereby announce that I wish to withdraw from the contract for purchase of the following goods:
- Date (ordering date / receiving date)
- First and last name of the consumer
- Address, phone, and e-mail of the consumer
- Signature of the consumer (if the form is sent as a printed document)
(*) Cross out if not applicable or enter the appropriate information.