Terms and conditions
TERMS AND CONDITIONS
1 Introductory provisions
1/1 These Terms and Conditions define and specify the rights and obligations of the Seller, which is the owner and operator of the e-shop www.wecareabout.cz, The We Care Company a.s., with its registered office at Walterovo náměstí 329/3, Jinonice, Prague 5, 158 00, ID No. 14238152, registered in the Commercial Register under No. B 27025/MSPH at the Municipal Court in Prague (hereinafter referred to as the "Seller"), and the Buyer in the sale of dietary supplements (hereinafter referred to as the "goods").
1/2 All contractual relations are concluded in accordance with and governed by the laws of the Czech Republic. Relationships not regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"). If the purchaser is a consumer, relationships regulated and not regulated by these terms and conditions are also governed by Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act"). A consumer is any natural person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract or otherwise deals with an entrepreneur.
1/3 For the purpose of the performance of this contract, the seller will process certain personal data that can be linked to the buyer (e.g. name and address). For more information on the processing of personal data, please refer to the privacy section.
2 Conclusion of the contract
2/1 The Buyer orders the goods by placing an order through the e-shop www.wecareabout.cz with delivery within the period and at the price specified in the e-shop order.
2/2 The Seller undertakes to deliver the goods to the Buyer and the Buyer undertakes to pay the agreed price for the goods delivered, all under the terms and conditions set out in these Terms and Conditions.
3 Ordering goods and concluding a contract in the electronic shop www.wecareabout.cz
3/1 To place a valid order in the e-shop www.wecareabout.cz, it is necessary to fill in all the prescribed data and requirements specified in the order form.
3/2 The Buyer creates an order in the e-shop www.wecareabout.cz by selecting the goods he/she is interested in buying (according to his/her preferences) via the "add to cart" button. Information about the price of the selected goods, the total price for the ordered goods, the shipping price, the payment method and the desired delivery method will be entered in the order proposal, while the information about the price, the shipping price and the total price will be listed in the order recapitulation automatically, based on the selected goods and their delivery method to the Buyer.
The Buyer is entitled to check the order and change the data filled in, or find and correct errors before binding confirmation of the order. If the Buyer agrees with the form of the order, by confirming the order by clicking on the "order" button, the order will be definitively sent for processing. This dispatch is binding. By confirming the order, the buyer also confirms his/her agreement to these terms and conditions and to the price for the ordered goods, including shipping costs, valid at the time the order is placed and sent.
3/3 The Seller will send an e-mail with the order confirmation to the e-mail address specified in the order.
3/4 Once the buyer receives a confirmation e-mail from the seller, the offer to the seller for the ordered goods, including the price stated in the order, is binding until the delivery of the goods to the buyer. Only the buyer's order constitutes a draft purchase contract pursuant to section 1732 of the Civil Code, whereby the purchase contract itself is only concluded upon delivery of the confirmation e-mail from the seller to the buyer. The seller is obliged to send this confirmation to the buyer immediately after receipt of the order. From this moment on, mutual rights and obligations between the Buyer and the Seller arise, which are defined by the Purchase Contract according to these Terms and Conditions.
3/5 The Seller reserves the right not to accept the Buyer's order in case of an obvious error regarding the price, description or picture of the goods on the Seller's website, at any stage of the order processing. The Buyer must be informed immediately.
3/6 The Purchase Contract is concluded in the Czech language.
4 Price, payment terms and delivery of goods
4/1 The price of the goods is set as a contractual price within the meaning of Act No. 526/1990 Coll., on prices, as amended, and is stated as the final price, including VAT.
4/2 The buyer may pay the price of the goods in the following ways:
- By bank transfer, whereby the Seller will send the Buyer the information for making the payment as part of the order confirmation. In the case of payment by bank transfer, the total price of the goods is payable within 72 hours;
- By card online. In this case, payment is made via the ShoptetPay payment gateway. In the case of payment by card online, the total price is payable within 24 hours;
- Cash on delivery. In this case, payment will be made on delivery of the goods against handover of the goods to the buyer. In the case of payment on delivery, the total price is payable on receipt of the goods.
4/3 Goods are sent to the Buyer at the address and/or in the manner specified in the order, by the Seller's contracted carriers specified in the order form. If the Buyer does not take delivery of the Goods on delivery, the Seller shall be entitled to claim storage costs from the Buyer and the Seller shall be entitled to withdraw from the Purchase Contract. The cost of postage and packing and the methods of delivery are set out below.
4/4 The buyer acquires ownership of the goods only upon full payment of the purchase price in accordance with § 2132 of the Civil Code.
4/5 Prices of goods are valid until changed. Notification of price changes shall be sent to the Buyer well in advance of the changes taking effect. Introductory offers cannot be unfairly abused by frequent and repeated ordering/cancellations.
4/6 The invoice issued by the Seller to the Buyer on the basis of the Purchase Agreement shall also serve as a tax document; and shall be issued and sent to the Buyer in electronic form to the email address provided by the Buyer.
4/7 The Buyer's costs for the use of means of communication with the Seller shall be governed by the applicable law.
4/8 MODES OF TRANSPORT OFFERED
CZECH REPUBLIC
| MODE OF TRANSPORT | TRANSPORT PRICE*/ ** |
| Shipping point to the delivery point | 69,- Kč |
| Delivery to address | 119,- Kč |
| Czech Post to hand | 119,- Kč |
| GLS delivery to the address | 119,- Kč |
| Personal pickup | 25,- Kč |
* transport price may change depending on the carrier's transport conditions
**free shipping for orders over 2000 CZK
The seller delivers goods outside the Czech Republic. The price of transport is governed by the relevant price conditions of carriers of the country. The price for shipping to the countries listed below will be informed to the buyer in the order form when selecting the country of delivery and the method of transport.
Austria, Belgium, Germany, Denmark, Spain, Finland, France, Croatia, Hungary, Slovenia, Slovakia, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Poland, Portugal, Sweden.
4/9 The delivery time indicated in the e-shop www.wecarabout.cz is only indicative and may differ from the actual delivery time. The time may be extended for reasons on the part of the shipping company. In the event that the Seller is unable to deliver the goods to the Buyer even within 30 days of the expiry of the estimated delivery time stated in the order confirmation, for any reason whatsoever, either party may withdraw from the contract of sale.
4/10 Upon receipt of the goods, it is the Buyer's obligation to check the integrity of the packaging of the goods and in the event of any defects to immediately notify the carrier and/or the Seller. In the event that there is a defect in the packaging which indicates tampering and entry into the shipment, it is not the Buyer's obligation to accept the goods so damaged.
5 Discounts, promotions, gift vouchers
5/1 The Buyer acknowledges that in the case of discount promotions, discount codes and loyalty discounts, these cannot be applied to discounted sets/packages of products.
5/2 The Seller may provide the Buyer with gift or other vouchers. Unless otherwise stated, each discount or gift voucher may only be used once and only one voucher of the same type may be used per purchase. If the value of the gift voucher is greater than the value of the entire purchase, the difference will not be transferred to a new voucher and the unused amount will not be refunded.
5/3 The validity of the gift voucher is indicated on the voucher. After the expiry date, the voucher is forfeited (unless the seller and the buyer agree to extend the validity by email confirmation). After the expiry date, the voucher cannot be redeemed or its value refunded to the buyer or the person who intends to redeem the gift voucher. Gift vouchers cannot be added together.
5/4 In case of purchase of a gift voucher, it can be returned within 14 days from the date of dispatch of the paid gift voucher / delivery of the gift voucher to the buyer. The Seller shall then refund the value of the gift voucher in cash to the account designated by the Buyer within 14 days of the date of receipt of the withdrawal from the purchase of the gift voucher.
6 Withdrawal from the contract
6/1 The buyer, who is a consumer, has the right under Section 1829 of the Civil Code to withdraw from the contract without giving reasons within 14 days of receipt of the goods by the buyer or a person designated by him (other than the carrier). Withdrawal is not possible in the case of a purchase contract for the reasons set out in Section 1837(g) of Act No. 89/2012 of the Civil Code. For the avoidance of doubt, we therefore add that the goods must be returned in undamaged protective packaging, otherwise the withdrawal will not be valid.
6/2 The withdrawal must be made in such a way that the buyer-consumer demonstrably sends a notice of withdrawal to the seller within 14 days as per the previous paragraph. This can be done either (i) by email to info@wecareabout.cz and/or (ii) in writing to the seller's correspondence address: The We Care Company a.s., U Průhonu 22, Prague 7, including the order number and, if applicable, the bank account number to which the amount for the returned goods will be credited, and/or (iii) through the web form that the buyer can find on this page. To expedite the refund process, the seller recommends that the buyer sends or hands over the goods to the seller without unnecessary delay after sending the notice of withdrawal, no later than 14 days from the withdrawal, either by physical delivery or by sending it to the seller's address mentioned above (not by cash on delivery). The costs associated with the return of the goods due to withdrawal in accordance with this article shall be borne by the buyer-consumer.
6/3 The Seller shall without undue delay, but no later than 14 days from the date of withdrawal of the Buyer-Consumer from the contract, return to the Buyer the purchase price paid for the goods as requested by the Buyer-Consumer either by sending the money to the Buyer's address or by transfer to the Buyer's account (when withdrawing from the contract, the Buyer shall indicate how he/she requires the return of the purchase price). The seller is not obliged to return the received purchase price before the buyer-consumer hands over the goods or proves that he has sent the goods to the seller.
6/4 As soon as the Seller receives the returned goods, he is obliged to immediately re-inspect and examine them. The consumer shall be liable for any diminution in the value of the goods resulting from the handling of the goods other than that necessary for the purpose of the necessary familiarisation with the nature and characteristics of the goods with regard to their nature and characteristics or if the goods are not returned in a complete state; the seller shall be entitled to claim compensation from the buyer for the diminution in the value of the returned goods. Any compensation shall be without prejudice to the consumer's right to withdraw from the contract without any penalty. The Seller reserves the right to offset this compensation for the depreciation of the returned goods against the purchase price to be refunded.
6/5 The seller is entitled to withdraw from the contract at any time before the goods are delivered to the buyer if:
- there are objective reasons why the goods cannot be delivered (in particular reasons on the part of third parties or reasons based on the nature of the goods)
- the buyer has deliberately provided incorrect information in the order
- if the buyer purchases goods in the course of his business activity, i.e. as an entrepreneur
7 Warranty period, Rights from defective performance (claims)
7/1 The warranty period of the goods corresponds to the minimum durability period indicated on the packaging of the goods.
7/2 The buyer, who is a consumer, is entitled to exercise rights from defective performance according to the provisions of the Civil Code, in particular according to § 2099 of the Civil Code and the following. In the event of delivery of goods contrary to the purchase contract, the buyer may also demand delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the goods, the buyer may only demand replacement of the part; if this is not possible, he may withdraw from the purchase contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the purchase contract or does not exercise the right to delivery of new goods without defects, to replacement of a part or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulties to remedy the defect.
7/3 Claims for defects in goods (product complaints) can be submitted by the buyer to the seller in the form of (i) an email to reklamace@wecareabout.cz and/or through the web form that the buyer can find on this page. When making a complaint, the buyer is obliged to provide the necessary information for identifying the complained shipment, truthfully and completely describe the defect being claimed, and provide contact information for the purposes of communication regarding the resolution of the complaint.
Claims for defects in the goods are handled without undue delay, in the case of the buyer-consumer, however, no later than 30 days from the date of their application, unless the seller and the buyer-consumer agree on a longer period. After the expiration of this period, the buyer-consumer has the same rights as if it were a defect that cannot be remedied.
7/4 The warranty does not apply to defects that have been caused after the risk of damage to the goods has passed by external events and are not caused by the seller or persons with whose help the seller has fulfilled his obligation, i.e. for example, mechanical damage after delivery, use of the goods contrary to their purpose or recommendations for use, improper storage or due to failure to read the recommendations for use.
7/5 The Seller shall confirm in writing when the consumer has exercised the right of defective performance, including the repair and the duration of the repair. The consumer shall be informed of the manner in which the claim was made, unless the consumer requests a different manner. The complaint shall be settled within a maximum of 30 days. If the seller does not contact the consumer within 30 days, the defect shall be deemed to be irremediable and the buyer-consumer may claim the price of the product back.
7/6 The Buyer is obliged to send the claimed product to the Seller at the latest together with the claim; by registered mail. Please note that goods sent to the Seller by cash on delivery will not be accepted.
8 Out-of-court dispute resolution
8/1 Consumer complaints are handled by the Seller via the electronic address pecujeme@wecareabout.cz. Information about the handling of the complaint will be sent to the buyer's electronic address.
8/2 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.
8/3 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 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).
9 User account
9/1The buyer can use his/her user account in the e-shop www.wecareabout.cz after successful registration of the buyer. When registering, the buyer is obliged to provide truthfully and correctly all the entered data and, in case of changes, to update these data regularly.
9/2 Access to the user account is secured with a username and password. The buyer is obliged to maintain confidentiality with regard to these access data and not to provide his login data to third parties. In the event of a breach of the confidentiality obligation by the buyer, the seller shall not be liable in the event that the login data is misused in this context by the person to whom the buyer has provided this information. The user account is personal, and the buyer is not entitled to allow third parties to use it.
9/3 The Buyer acknowledges that the Seller may cancel the Buyer's user account, especially if the Buyer does not use it for more than 24 months (or does not log in to his/her user account for this period) and/or if the Buyer violates his/her obligations under the contract.
9/4 The user account may not be available around the clock, especially with regard to necessary hardware and software maintenance.
9/5 There may be benefits associated with the Buyer's registration for a User Account. The rules for obtaining them and other rights and obligations of the parties related to these benefits shall be regulated by the Seller in a separate document "WeCareClub membership".
10 Final and special provisions
10/1 In the case of registration, the Seller further regulates certain rights and obligations of the parties in the terms and conditions of the so-called WeCareClub, a loyalty program. These terms and conditions define the benefits of WeCareClub members and are available from the Seller.
10/2 The Buyer is informed of the contents of these terms and conditions when placing his order and these terms and conditions are also displayed on the Seller's website, so that they can be archived and reproduced by the Buyer. In addition to the text of the contract, the Seller is obliged to provide the Buyer-Consumer with the text of these terms and conditions in text form.
10/3 The Terms and Conditions shall apply to the extent and in the wording that is effective on the date of order confirmation. By confirming the order, the Buyer confirms to the Seller that he has read these Terms and Conditions and that he agrees to them. The Buyer shall be notified of these terms and conditions sufficiently in advance of the actual execution of the order and shall have the opportunity to become acquainted with them, and by confirming the order he confirms that he understands their content.
10/4 If any provision of the Terms and Conditions is or becomes invalid or unenforceable, the provision whose meaning most closely approximates the invalid or unenforceable provision shall take its place. The invalidity or unenforceability of one provision shall not affect the validity and enforceability of the other provisions.
10/5 These terms and conditions are subject to change in the event of special needs and/or changes in laws, regulations or recommendations. The new terms and conditions will be announced on our website in connection with the distribution of the new terms and conditions.
10/6 These terms and conditions shall take effect on 4.11.2024
The We Care Company a.s.