TERMS AND CONDITIONS

 

  1. Seller’s Data

LION RITTER s.r.o. trading company

Address: Radlicka 112/22, 150 00 Prague,

Czech Republic

Postal address: P.O. BOX 7, 160 08 Prague, Czech Republic

Identification Number (IČO): 24772097

VAT number (DIČ): CZ24772097

Web site: http://glucose-monitoring.com/

 

  1. GENERAL DEFINITIONS

    1. These Purchase Terms and Conditions (hereinafter the “Terms and Conditions”) of the LION RITTER s.r.o. trading company, registered with the trade register maintained by the Prague Trade Court, Attachment C173049 (hereinafter the “Seller”) shall govern primarily the rights and obligations of the parties arising from the sales contract (hereinafter the “Contract”), entered into between the Seller and another individual or entity (hereinafter the “Buyer”) through the Seller’s online store. The Seller’s online store is located at http://glucose-monitoring.com/.

    2. The Terms and Conditions shall define the rights and obligations of the parties when using the Seller’s website at http://glucose-monitoring.com/ (hereinafter the “Website”), as well as other legal relationships

    3. Terms and conditions other than these Terms and Conditions may be set separately in a separate sales contract. The terms and conditions outlined in the Contract shall prevail over these Terms and Conditions.

    4. These Terms and Conditions are an integral part of the Contract. These Terms and Conditions are drawn up in English.

    5. The Seller shall have the right to change or supplement the content of these Terms and Conditions. However, this document version shall not affect the rights and obligations of the parties that arose during the validity period of the previous document version.

 

  1. PERSONAL ACCOUNT

    1. Based on the registration of the Buyer on the Website, the Buyer may access his/her personal account (hereinafter the “Personal Account”). The registered Buyer may make purchases on the site. This Site also allows you to make purchases without registration.

    2. In the case of purchase without registration, the Buyer will be automatically registered on the site, and thereafter he will receive a confirmation email and a link to create a personal password.

    3. When registering on the Website and when ordering products, the Buyer is obliged to provide true and correct data. The Buyer is obliged to update any data stored in Personal Account in case of any change thereof. The data recorded by the Buyer in the Personal Account and the data indicated by the Buyer when ordering products shall be accepted by the Seller as correct.

    4. The Buyer’s Account may be accessed using the Username and Password. The buyer is obliged to maintain the confidentiality of the information necessary to access to his/her Account and understands that the Seller shall not be responsible for the failure to fulfill this obligation.

    5. The Buyer shall not provide access to his/her Account to third parties.

    6. The Seller reserves the right to delete the Registered Buyer, mainly if the Buyer does not use the Personal Account for a long time or if the Buyer does not fulfill the obligations arising from the Contract, including these Terms and Conditions.

    7. The Buyer is aware that the Personal Account should not be accessible at all times, especially in cases of servicing the hardware or software of the Seller’s equipment, or possible maintenance of the hardware or software of the third-party equipment.

 

  1. EXECUTION OF CONTRACT

    1. The Seller’s Website contains a list of products offered by the Seller for sale, including prices of all offered products. All prices on the Website are excluding VAT of the Czech Republic. When selling and dispatching the products to the countries outside the European Union, the price of the products shall not increase by the amount of VAT of the Czech Republic. When selling the products within the Czech Republic and other countries of the European Union, the price of the products will be increased by the amount of VAT in the Czech Republic, unless the Buyer is a VAT payer company in any country of the European Union except the Czech Republic. The list of products, as well as all prices of products, shall remain valid as long as they are displayed on the Website. This paragraph does not limit the ability of the Seller to conclude a Contract on individual terms. The Seller is not obliged to sign the Contract based on data on products posted on the Site.

    2. The Seller’s website also contains information on the costs of transporting the products to the final buyer. Transportation costs may vary depending on the Buyer’s location.

    3. The seller’s website does not contain information on possible duties and taxes, which the Buyer may need to pay in the destination country.

    4. To purchase products, the Buyer must place an order through the Website. The order will primarily contain the following information about:

– the products ordered (the ordered products are placed in the electronic basket on the Website);

– the method and currency of payment for the order;

– the method and cost of delivery of the products (hereinafter referred to as the “Order”).

    1. Before placing an order, the Buyer will have the opportunity to check and change the data indicated in the Order, if necessary. The order will be placed after clicking on the “Place the Order” link. The information specified by the Buyer in the Order is accepted by the Seller as correct. Upon receipt of the Buyer’s Order, the order receipt confirmation will be sent as soon as possible to the email address (hereinafter the “E-mail”) specified in the Order or in the Buyer’s Account.

    2. Depending on the nature of the Order (quantity of products, price of products, estimated transportation costs), the Seller shall have the right to request from the Buyer additional confirmation of the Order (for example, in writing or by phone)

    3. The Contract between the Seller and the Buyer shall be considered as entered into after placement of the order by the Buyer and the subsequent receipt of the order receipt confirmation by e-mail.

    4. The Buyer is aware that the Seller is in no way obliged to enter into the Contract, especially with persons who have previously seriously violated the Contract terms (including the Terms and Conditions).

    5. Upon conclusion of the Contract, the Buyer agrees to the use of electronic communication. The Buyer pays for the Buyer’s expenses incurred when using electronic communication upon the conclusion of the Contract (Internet costs, telephone calls).

 

  1. PRODUCT PRICES AND PAYMENT TERMS

    1. All prices on the Website are excluding VAT of the Czech Republic. When selling and dispatching the products to the countries outside the European Union, the price of the products shall not increase by the amount of VAT of the Czech Republic.
      When selling products within the Czech Republic and other countries of the European Union, the price of the products will be increased by the amount of VAT in the Czech Republic, unless the Buyer is a VAT payer company in any country of the European Union except the Czech Republic.

    2. The price of products, as well as the cost of dispatching thereof to the Buyer based on the Contract, can be paid by the Buyer as follows:
      – by bank transfer to the Seller’s bank account (for this you must additionally request the payment invoice from the Seller)
      – payment cards VISA, MASTERCARD, MAESTRO on the Seller’s website.

    3. Together with the product price, the Buyer is obliged to pay all fees and payments of the bank or third parties arising from the money transfer.

    4. Together with the price of the goods, the Buyer is obliged to pay also the costs for the delivery of goods to the Buyer. Unless otherwise specified elsewhere, the price of the goods is the price of the goods, including the cost of shipping the products to the Buyer.

    5. The price of products on the Website may be displayed in one of the following currencies: US dollars or Euros. To switch between currencies, you need to select the necessary currency in the relevant menu on the website.

    6. Payment for the order may be made in one of the following currencies: US dollars or Euros. The method and currency of payment for the order may be selected in the relevant menu when placing an Order.

 

  1. WITHDRAWAL FROM THE CONTRACT

    1. The Buyer is aware of the impossibility to withdraw from the Contract in case of the products modified by the buyer for perishable goods, goods with a limited shelf life, goods with a short shelf life and aging, as well as medical products with the sterile packaging broken by the Buyer.

    2. If it is not about the products specified in clause 6.1 or another case where it is impossible to withdraw from the Contract, the Buyer shall have the right to withdraw from the Contract within 14 days after receipt of the products by the Buyer, but no later than 21 days from the transfer of the ownership right to the goods from the Seller to the Buyer. An application for withdrawal from the contract must be delivered to the seller to the seller’s mail or email address within up to 14 days after receipt of the products by the Buyer, but no later than 21 days from the transfer of ownership of the products from the Seller to the Buyer.

    3. In case of withdrawal from the Contract based on clause 6.2, the Contract shall be completely terminated. The products must be dispatched to the Seller within 5 working days from the date of delivery of the Withdrawal Application to the Seller. The costs associated with the delivery of goods from the Buyer to the Seller shall be borne by the Buyer. If the Buyer violates his/her obligation from the previous phrase, the Seller shall have the right to impose penalties on the Buyer of EUR 10 (ten) per day of renewal. However, the penalty amount may not exceed the sale price of this product. The product must be returned to the buyer intact and unused, in the original packaging.

    4. Within 10 days after receiving the products from the Buyer, the Seller must check the returned goods, first of all, to identify possible damage or signs of use.

    5. In case of withdrawal from the Contract under clause 6.2 hereof, the Seller shall refund to the Buyer the cost of the returned products (excluding the cost of delivering the products to the Buyer) within 10 days from the end of the period for checking the products under clause 6.4. hereof. The refund shall be made: by wire transfer to the buyer’s account (in case of payment for the products by wire transfer to the seller’s account) or by direct crediting the funds to the Buyer’s bank card (in case of payment for the products by credit card through a payment terminal on the Seller’s website)

    6. The Buyer is aware that if the products returned to the seller are damaged, used or partially used, the Seller shall have the right to compensation for damage by the Buyer resulting from damage or use of the products. The Seller will unilaterally deduct this damage in monetary terms from the return value of the products. The Seller may also deduct the amount of the fine from the return value of the goods under clause 6.3.

 

  1. DELIVERY OF PRODUCTS

    1. Possible methods of delivery of products shall be established by the Seller unless otherwise specified in the Contract. If the delivery method is set based on the Buyer’s request, the Buyer shall assume the risks and possible additional costs that may arise in connection with the choice of such a delivery method.

    2. When placing an order, the Buyer can choose one of the proposed delivery methods:

      1. International Airmail Delivery

      2. Delivery by courier

    3. The Seller shall deliver the goods on CPT (Carriage Paid To) terms according to INCOTERMS 2010, meaning that that the seller will transfer the goods released in the export customs regime to the designated carrier. Also, the seller must pay the costs associated with transporting the products to the destination specified.

    4. Also, the seller may deliver the products on the CIP terms (Carriage and Insurance Paid to) according to INCOTERMS 2010, which means that in addition to the obligations set out in clause 7.4, the seller undertakes to insure the goods for the minimum cost of coverage (unless stated otherwise).

    5. If for some reason, the Buyer refused to receive the goods from the transport service, it undertakes to pay all costs associated with the storage of the goods and possible return thereof to the Seller.

 

  1. LIABILITY FOR DEFECTS, WARRANTY

    1. The rights and obligations of the Parties regarding liability for malfunctions, including warranty liability, shall be established by the rules of the civil code of the Czech Republic.

    2. The seller guarantees that the goods sold are sold fully functional and without defects under the Contract. Compliance with the contract implies that the product has the quality and as described by the Contract and by the Seller, the Manufacturer or its representative, in the right amount, measure or mass and is consistent with the purposes of use described by the Seller for this product or for which the product is commonly used.

    3. If upon receipt of the product, the Buyer reveals a non-compliance with the Contract, he/she has the right to the products set out in the contract, either by replacement or repair of the defective products. If the method above is impossible, the Buyer may either demand a relevant discount on the value of the product or withdraw from the Contract. The above provision is of no effect if the Buyer knew about the product’s non-compliance with the Contract before receipt thereof or this discrepancy was caused by the actions of the Buyer or the transport service.

    4. Warranty shall not apply to disposable medical products.

    5. To consider the warranty case, the Buyer must fill out the relevant application with a description of the problem and send it to the seller’s mail or email address.

    6. The Seller shall fulfill the warranty obligations at its actual address. All costs associated with the transportation of products to the place of performance of obligations and back shall be paid by the Buyer.

 

  1. OTHER RESPONSIBILITIES OF THE PARTIES

    1. Title to the products shall pass to the Buyer after payment of the full cost thereof.

    2. The buyer is aware that all software and other parts of the store’s web page (including images of the products offered) are protected by copyright. The buyer agrees that he/she will not conduct any activity that could enable him/her or third parties to illegally invade or use the software or other parts of the store’s web page.

    3. When using the store’s web page, the buyer shall not have the right to use mechanisms, software or other methods that could affect the performance of the store’s web page. The store’s web page can only be used in an amount that does not violate the rights of other Buyers and which matches the purpose thereof.

    4. The Buyer is aware that the Seller is not responsible for errors that arise as a result of the introduction of third parties into the store’s web page or after using the store’s web page for other purposes.

 

  1. PERSONAL DATA PROTECTION AND BUSINESS MESSAGES

    1. Information on the protection of personal data can be found at the following link.

 

  1. EXCHANGE OF CORRESPONDENCE

    1. Unless otherwise agreed, all correspondence related to the Contract should be delivered to the second Party in writing, namely by e-mail, personal delivery, or by registered letter through the postal services agent.

    2. A message is deemed delivered:

      1. In the case of an email, at the time it is received by the incoming mail server; the integrity of letters can be confirmed by a certificate

      2. In case of transfer in person or by postal service – at the time of receipt of the package

      3. In the case of personal delivery or using the postal service – at the time of refusal to accept the parcel, if the addressee (or a person having the right to accept parcels for the addressee) refuses to accept the parcel.

      4. In the case of delivery by the postal service – 10 days after dispatching the parcel in the Postal Services Office and issuing a notice to the addressee about the need to receive the parcel, or even if the addressee has not received information about the parcel.

 

  1. FINAL PROVISIONS

    1. If the relationship between the Seller and the Buyer related to the use of the Website is international, then this relationship shall be governed by the laws of the Czech Republic. This does not affect consumer rights arising from generally accepted legal acts.

    2. The seller is obliged to sell the goods under a business license issued by the relevant supervisory authority.

    3. If some clauses of these Terms and Conditions are or will become invalid, clauses with the meaning closest to the invalid clauses shall be applied. The invalidity of one clause shall not affect the remaining clauses hereof. Changes or additions to the Contract or these Terms and Conditions shall be made in writing.

    4. The Agreement, including the Purchase Terms and Conditions, has been archived by the Seller in electronic form and is not available.

    5. Seller’s contact information for correspondence: LION RITTER S.R.O,        P.O. BOX 7, 160 08   PRAHA 68, CZECH REPUBLIC, email: info@glucose-monitoring.com

 

In Prague, 23.12.2019