BIOSTER, a.s. Company, General Trade Terms

1. Definitions

Supplier /Seller – BIOSTER a.s. Trading Company, Identification number (IČ) 49970623, Tax identification number (DIČ): CZ49970623, with its headquarter at Veverská Bítýška, Tejny 621, post code: 66471, is inscribed in the Commercial register of the Regional Court in Brno, section B, folder 1244. As an entity, by signing and fulfilling a contract, it acts within the framework of its business activities. It is a mercantile entity, which directly or via other entrepreneurs, supplies the buyer with products and provides services.
Buyer / Consumer – it is the entity, which by signing and fulfilling a contract, does not act within the framework of any business or other enterprise activity. It is may be a physical entity or a juridical person. Therefore it buys products or uses services for other purposes than business undertaking with such products or services.
Buyer / but not consumer or direct user – is the entity, which by signing and fulfilling a contract, acts within the framework of its business activities.
Goods (merchandise) / The products or services in the health area the Seller intends to sell within its business activities, and which are presented on its web site.

2. General provisions

By placing products as sale offers on a web site, the Seller expresses its will to sign a contract of sale and respect its relative under – stated conditions. The contract of sale originates at the moment of the delivery of a binding order of the buyer. The seller confirms such delivery to the buyer by electronic communication to a previously stated e-mail address. However, this does not have any influence on the contract origin itself. It is possible to change or cancel the originated contract (including the agreed price) just on the basis of an agreement of both sides or on the basis of legal tacit reasons.
Mutual obligations arise between the buyer and the seller. They are defined by trade terms that are integral part of the contract. These trade terms are valid also for purchases on the Internet shop www.traumacel.cz and www.bioster.cz. The terms enter into force the day they are released (or presented) on the Seller's web sites www.traumacel.cz or www.bioster.cz. The operator of the Internet shop is then the seller and it retains the right to modify the terms of trade at any time.
All contractual relations are subject to the Laws of the Czech Republic. If the contracting party is a consumer, then any relations that are not determined by the terms of trade are governed by the Civil Code (No. 40/1964 of the Collection of Laws) and by the Consumer Protection Law (No. 634/1992 of the Collection of Laws). If the contracting party is another entity, then the relations that are not determined by the trade terms are governed by the Commercial Code (No. 513/1991 of the Collection of Laws).
The contract of sale is made on the basis of the Buyer ‚s order and if such order is being delivered to the Seller only via Internet, thus by means of the Internet application placed on the Seller‘s sites www.traumacel.cz or www.bioster.cz. The Buyer is obliged to state in the order true personal and contact data, which is stated as obligatory in the application form.
The Seller retains the right to refuse to attend the order if the data is not complete or it causes doubts about the Buyer's intentions of ordering goods.
The Seller is committed to process the order properly and hand the goods over for transportation to the stated address, or to prepare them for personal withdraw. This last option must be accomplished within 5 working days, unless it has been agreed in a different way with the Buyer. In case of an advance payment agreement, the goods will be sent after the total payment has been received in the Seller's account.
The seller delivers the goods within the range of the Czech Republic and the Slovak Republic.

3. Goods delivery and the right to withdraw from the contract

The Buyer is committed to accept the delivery and pay for the total price of the goods received. The Buyer is also committed to pay for any other eventual fees related to the transport (i.e. postal charges, cash on delivery) about which the Buyer was warned beforehand by the Seller and which are part of the trade term.
The Buyer is committed to check through the delivered goods properly and, in case of finding any defects, inform the Seller about them without unreasonable delay. Similar procedure is recommended to the consumer.
The Buyer who is a consumer, according to the article 53 paragraph 7 of the Civil Code, has the right to return the goods within 14 days after the delivery This right however, does not serve as a method of solving complaints. The Buyer can also withdraw from the contract of sale by manifesting his/her will to withdraw from the contract. This notification must be addressed to the Seller and delivered at the latest, on the fourteenth day after the original delivery. However the Consumer does not have the right to withdraw from the contract, in case the delivered goods were adjusted to his/her wishes, or were custom made exclusively for him/her, or in case the goods are subject to quick deterioration, depreciation or obsolescence.
If the Consumer withdraws from the contract of purchase (the contract of sale), he/she is obliged to return the goods to the seller, undamaged and intact. The right to return the goods refers exclusively to goods bought by means of the Internet shop. The Seller is obliged to return to the Consumer the price of the returned goods. That is; to return the payment lowered by the costs for delivery and other eventual expenditures the Seller has incurred in connection with the return of the goods. The Seller must return such payment within 30 days from the date the Consumer had expressed his/her will to withdraw from the contract.
The Buyer is entitled to determine how the purchase price is to be returned (by credit transfer to his bank account, post money order to the address stated in the order or in cash at the premises of the Seller).

4. Complaints on goods defects

There is a warranty period granted for all goods and marked on the packing as expiration time.
If the Buyer is not the consumer, the purchase is considered to be connected to business activities. In such case, the Buyer is obliged to notify the Seller about any apparent defects without unreasonable delay, the latest being 5 working days, after the goods delivery. The Buyer is obliged to notify the Seller about latent defects within 5 working days after the day the defect was detected. Any defects are to be claimed before the goods expiration date. The period starts from the day of the delivery of the goods.
The complaint must include a description of the detected defects and the choice for the claim that the Buyer exercises towards the seller. That is; either the right for the goods exchange, goods reparation, the return of the purchase price, a discount from the purchase price, etc. The complaint shall be accompanied with a copy of the invoice, a copy of the proof of payment of the claimed goods (or any other proof of the origin of the purchase).
The Buyer understands that the Seller is not responsible for defects that arise in the goods due to long-time use, as the result of inappropriate use or use in discrepancy with the instructions, or to mechanical damage.
The Seller is obliged to judge the complaint of a consumer within three working days. The whole complaint, including its remedial measures must be handled within 30 days from the date of the complaint. If the complaint is not solved within that term, the consumer will have the same rights as for complaints about irreparable defects.
If the Buyer, while entering the contract, acted in the framework of its business activities, any matters that are not treated in these trade terms will be ruled by the Commercial Code.

5. Price and discounts

The price of the goods is understood as the price, valid on the day of the order. The price is assigned including its VAT; packing fees are included in the price.
Prices in the Internet shop may vary from currently valid prices determined by the Seller. The Seller retains the right to decide on the rise of the price, and the right to change prices later on. In case the current prices vary from the prices in the Internet shop, the Seller, during the process of the order, will confirm the prices to the buyer.

6. Transport costs

Transport costs are determined individually according to the choice of transport chosen by the customer.

7. Delivery terms

Particular deliveries will be granted to the buyer on the bases of a binding order.
The standard delivery term is 5 working days after the date of the order, unless another date is agreed in written form between the Buyer and Seller.
The place of fulfillment is the Buyer address, as stated in the order, unless another address is agreed.
In case of bigger orders, the Seller authorized to realize particular deliveries. Each particular delivery is considered as a settling of one separated order as for these trade terms.
The documents considered necessary for the acceptance and eventual use of the goods are the invoice and the delivery note. In case a particular carrier delivered the goods, then a certificate of delivery would be also consider as necessary.
Goods will be packed, loaded and properly secured for the purpose of transportation in a standard way.
The goods are considered as delivered upon their acceptance by the buyer. The buyer confirms the acceptance of the goods to the seller in the delivery note or the certificate of delivery, with the signature of an authorized person.

8. Payment conditions

The Seller emits a proof of payment for the buyer in accordance to the chosen type of payment (invoice, cash on delivery, payment in advance, cash payment).
The Buyer pledges to pay the price of the goods according to the invoice not later that the maturity date, in case of transfer payment the amount will be sent for deposit at the Seller’s account on the maturity date.
In case of delay in the payment the Buyer is obliged to pay a conventional fine of 0.05% from the outstanding amount for every (even inchoate) day of delay, and this until the payment of the total outstanding amount.
Any expenses related to the reminding payment of an invoice (the tax document) will be charged to the Buyer. The Seller is entitled to indemnity from damages that originated in connection with the delay of payment. The delay charges, relative to the late settlement of an invoice, do not affect the fine defined in point 8.c.

9. Ownership of the goods

Any delivered goods remain the ownership of the Seller until all claims (debts), originated from the commercial relation have been settled completely.

10. Interruptions of deliveries

Unforeseen “vis major” circumstances such as accidents, war, riots, strikes, official measures, shortage of energy or raw materials, operation breakdowns, etc., shall relieve the Seller from liabilities related to the delay of deliveries in such time. The Buyer is not entitled to any claims for compensation, or damages in such cases.
If the Buyer does not accept all the goods in the agreed term or does not honor the obligations to pay any previous claims, the Seller is entitled to withdraw from any negotiated contracts (individual orders) without having the obligation of reminding the buyer of such liabilities. Therefore the Seller may not supply any goods even if the particular order has been already confirmed.

11. Personal data protection

By sending an order the Buyer expresses his agreement so that his personal data (mainly name, surname, address) may be worked out and kept in the database of the seller.
The Buyer has right to cancel this agreement of personal information. After such cancellation has been expressed in written form, the Seller will stop working out any personal data of the Buyer. Further on, the Buyer has the right of accessing and modifying his / her personal data.
While working out any personal data the Seller respects its duties originated from the Personal Data Protection Law No. 101/2000 of the Collection of Laws. Personal data is worked out exclusively for the needs of the Seller. Personal data is properly secured against misuse and it is not transferable to third persons unless it is absolutely necessary for the proper fulfillment of the order.

Bioster, a. s.
In case of any doubts, please, contact our business department
E-mail: obchod@bioster.cz
TEL: +420 549 429 107