Business and delivery conditions
1. Basic Provisions
1.1 These business conditions of ELISABETH PHARMACON, spol. s ro (hereinafter referred to as the "supplier") regulate mutual relations arising from the supply of goods and services, ie in particular consumables and devices (hereinafter referred to as the "subject of performance") by the supplier to customers. Deviating written arrangements of the participants take precedence over the provisions of these terms and conditions.
1.2 By signing legally binding acts aimed at establishing a contractual relationship between the supplier and the customer regarding the delivery of the subject of performance, the participants express their will that their mutual contractual relationship will be governed by the regime of Act No. 89/2012 Coll., The Civil Code, as amended ( hereinafter also the "Civil Code").
1.3 Definition of basic terms:
A consumer is a natural person who, when concluding and fulfilling a contract, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession (see § 419 of the Civil Code). The customer is the payer who enters into a contractual relationship with the supplier, but acquires the subject of performance with the proviso that it will be used by the recipient. The recipient is the user of the subject of performance authorized by the customer in writing to take it over and to all other negotiations in connection with its use. The seller is the selling person authorized to represent the supplier in business negotiations.
2. Price of the subject of performance
2.1 Catalogs and price lists issued by the supplier are valid until they are replaced by a new version. The Supplier reserves the right to change the price of the subject of performance without prior written notice. The supplier is not responsible for errors in the printing of commercial and technical materials.
2.2 In order to specify the price and specification of the subject of performance, the customer is entitled to request a price offer (hereinafter referred to as the "offer"), the validity of which is 30 calendar days from the date of issue, unless otherwise stated.
2.3 Transport costs are included in the price of the subject of performance, with the exceptions listed in point
2.4 Prices in the e-shop for selected products may not be current due to their frequent changes by the manufacturer. The products covered by the previous sentence are marked on the website with the sentence: “The listed prices are for guidance only. Contact us for the current price offer. ” The order of these products through the e-shop is non-binding and becomes binding only after the price and delivery date have been specified by the seller and the terms and conditions have been mutually agreed by the customer.
3. Ordering goods
3.1 Individual business cases are usually closed on the basis of orders. Orders are accepted in writing delivered by post, in person, by telephone, fax, via the Internet or by e-mail. The prices stated in the valid written offer of the supplier or the prices valid at the moment of acceptance of the order apply to the price calculation of the subject of performance, except in the case stated in point 2.4. Each order is considered non-binding at the time of receipt and can be canceled by the deadlines set out in the following paragraphs.
3.2 The order must contain the following basic requirements:
- Business name (or name) and registered office of the customer, telephone (or fax connection), if the customer is a legal entity; name and surname, place of business (or residence), if the customer is a natural person;
- A person authorized in this matter to act on behalf of the customer, ID number and VAT number of the customer (if he is registered as a VAT payer);
- Unambiguous determination of the subject of performance and its quantity (including the provision of related services or performance), delivery conditions (place and date), the person responsible for taking over the subject of performance and any other specific requirements for the subject of performance.
3.3 After receiving the order, the supplier shall confirm to the customer its acceptance, while the customer is notified of these terms and conditions listed on the website www.elisabeth.cz. The supplier is not liable for any errors and mistakes in the order by the customer. If the customer does not cancel his order within the two immediately following working days, it is considered that he agrees with the wording of the business conditions and the supplier thus considers the confirmed order to be binding. It will become a binding order even earlier than stated in the previous sentence, if the customer agrees to the price and conditions of delivery by telephone or e-mail before the expiration of the period of 2 days. These moments also create a binding relationship between the customer and the supplier.
3.4 In the event that any of the requirements specified in the order cannot be met by the supplier, he shall notify the customer and send him a new offer immediately with an indication of other possible variants of order fulfillment. The supplier always requests the customer's opinion on the newly submitted offer, by which he either cancels the order or confirms it, and thus becomes binding.
3.5 The Supplier reserves the right to exercise the right to make a deposit before receiving the order in the case of the customer's first order or an order of a non-standard subject of performance or an order of a subject of performance of high financial value. In such a case, the delivery period stated in the order confirmation begins to run only after the advance payment has been made by the customer, ie by its crediting to the supplier's account.
3.6 The above provision of Article 3.5 does not apply to customers - natural persons, for whom payment of the order is always required in advance (ie by payment by card or depositing the appropriate amount to the supplier's account) or delivery (ie cash on delivery). Only in specific cases after agreement with the supplier is it possible to apply in these cases payment by invoice with the agreed maturity.
3.7 In the case of delivery of a specific subject of performance or goods of high financial value or the existence of specific conditions under which the performance is to take place, or if requested by one of the parties, the supplier and the customer may enter into a written business contract for the subject of performance with reference to the wording of these terms and conditions.
3.8. The consumer orders services online via an order form. Samples for examination may be sent by the transport company or in person to the address of the supplier's registered office. However, the supplier is not liable for non-delivery of shipments by transport companies. If the samples are not delivered to the address of the Supplier's registered office within 4 weeks of ordering the service, it is considered that the consumer withdraws from the contract and the supplier can cancel the order. If it is already paid by the consumer, the amount paid will be returned to him by transfer to his account, return to the payment card, depending on the way in which the order was originally paid.
4. Delivery conditions
4.1 Deliveries of the subject of performance are carried out according to the availability of products and operational capabilities of the supplier as soon as possible, usually within 5 working days.
4.2 The expected delivery date is stated in the order confirmation. In exceptional cases, the supplier may extend the performance date, but must immediately notify the customer of this change.
4.3 Unless otherwise agreed, the place of performance is the customer's registered office or the place of performance specified in the order (or in the written business contract).
4.4 The Supplier reserves the right to charge the customer a handling fee including postage and packaging costs in cases where the order is less than CZK 2,000 without VAT (or CZK 1,000 without VAT, if the customer is a general practitioner, gynecologist , educational / diagnostic institute or consumer) or, at the customer 's request, the subject of performance is delivered by a forwarding or postal service, or when the subject of performance is extremely heavy or bulky. The handling fee in such cases is CZK 100 without VAT. Shipments on dry ice are charged a surcharge of CZK 2,000 without VAT / shipment.
4.5 If the customer does not take over the subject of performance for reasons on his part (eg, despite a pre-agreed date, the responsible person specified by the customer is not present, or states the wrong delivery address), the customer bears the full costs associated with repeated delivery, including costs to replace damaged goods if they have been damaged due to timely non-acceptance.
4.6 The Customer is always obliged to take over the subject of performance and immediately check whether the quantity and type of the subject of performance is in accordance with the delivery note or invoice (or a concluded written business contract) and subsequently ensure storage conditions for the subject of performance so that the subject of performance is not impaired.
4.7 If the customer discovers obvious damage to the packaging or the subject of performance upon receipt of the goods, he is obliged not to accept this shipment, file a complaint with the forwarding service in the case of external transport and immediately inform the supplier of the circumstances of the event.
4.8 If a difference in the quantity and type of the subject of performance is found, the customer is obliged to immediately complain about this defect to the supplier in accordance with point 7.
5. Order cancellation
5.1 After receipt of the order by the supplier according to point 3.3. it is necessary to discuss the change of the order or its cancellation with the relevant seller.
5.2 The Supplier is entitled to charge the Customer a cancellation fee of up to 100% of the price of the subject of performance or its canceled part to cover costs expediently incurred in connection with the change or cancellation of a binding order. A non-binding order can be canceled without cancellation fees.
5.3 The possibility of changing the binding order or canceling it is possible in the case of the subject of performance requiring special conditions during transport and storage (ie especially compliance with a certain specified temperature) only until the goods are taken over from the supplier by the carrier.
5.4 The possibility of changing the binding order or canceling it is possible in the case of a specific subject of performance, only on the basis of a written agreement or explicit written confirmation of the change of order by the supplier.
5.5 The Supplier has the right to cancel the order of goods or services or part thereof in the event that the subject of performance will not be objectively delivered to the customer or consumer under specified conditions (eg ceases to be produced or supplied to the market, it is not possible to implement the ordered service due to non-delivery of the sample). In these cases, the supplier informs the customer about the cancellation and ensures the return of the paid price or part of it back to the customer's account. The customer is not entitled to compensation, especially if the sample is not delivered due to loss of the shipment by the carrier or any deterioration or damage to the sample, which the supplier could not prevent - improper packaging, spillage of the sample during transport, leakage of ticks from the envelope, etc.
6. Payment terms and transfer of ownership rights
6.1 The usual payment terms for deliveries of the standard subject of performance by the supplier are payment by invoice due within:
- 60 days in the case of a hospital,
- 30 days if it is a state institution or laboratory,
- 14 days, in all other cases not mentioned above.
6.2 In the case of a smaller amount or if the customer orders from the supplier for the first time, the supplier reserves the right to demand payment in advance or upon delivery of the subject of performance.
6.3 If the customer requests an adjustment of the usual payment terms, these changes must be discussed with the seller and the terms agreed in this way must be stated in the order (or in a concluded written purchase contract).
6.4 In the event that the customer does not make payment within the due date stated on the invoice issued by the supplier, the supplier is entitled to charge the customer a contractual penalty of 0.1% of the amount due including VAT for each day of delay from the original due date until full payment.
6.5 The customer's obligation to pay its obligation to the supplier properly and on time is fulfilled on the date of crediting the relevant amount to the supplier's account specified on the invoice.
6.6 The risk of damage to the subject of performance passes to the customer at the time of delivery of the subject of performance to the first carrier. Until the full payment of the price of performance, however, the subject of performance is owned by the supplier, ie ownership passes to the customer only at the time of payment of the entire obligation.
6.7 The customer is not entitled to transfer obligations to the supplier to a third party without his prior consent.
7. Complaint procedure
7.1 The customer is obliged to inspect the subject of performance as soon as possible after the risk of damage to the subject of performance has passed. If the customer does not inspect the subject of performance or does not arrange to be inspected at the time of the transfer of the risk of damage to the subject of performance, he can claim damages from defects detectable during this inspection only if he proves that these defects were already subject to the subject of performance.
7.2 The customer is obliged to immediately notify the supplier of any defects found in this way. Complaints of non-compliance in the quantity, type of subject of performance claimed later than 2 days after receipt will not be taken into account.
7.3 The Customer is obliged to file a complaint in person or by mail by submitting the subject of performance together with a written notice containing the most detailed specification of the detected defect of the subject of performance. The place of complaint is the supplier's premises, with the exception specified in point
7.4 If the complaint relates to the subject of performance requiring special conditions during transport and storage (ie in particular compliance with a certain precisely determined temperature), the place of claim is the place of delivery of goods. Therefore, the customer only reports the detected defects and allows the takeover of the claimed object of performance by the supplier. A report shall be drawn up on the acceptance of the claimed subject of performance, in which the method of storage of the subject of performance by the customer or recipient shall also be stated.
7.5 Due to the risk of possible damage to the object of performance during transport, the supplier accepts for complaint only the object of performance packed in the original packaging, with the exception of goods, the nature of which does not allow it.
7.6 The customer is obliged to return the claimed subject of performance back to the supplier clean and uncontaminated. Otherwise, the supplier reserves the right not to accept it.
7.7 If the used goods are handed over for a complaint (ie, for example, one of the tests), the customer is obliged to send them in a sealed plastic bag for hygienic reasons. Complaints about expired tests or goods will not be taken into account.
7.8 The customer is informed of the result of the complaint in the manner agreed with the supplier, no later than 30 days from the receipt of the subject of performance to settle the complaint.
7.9 Complaints about DNA diagnostic kits that have not been implemented with the assistance of the supplier's product specialist will not be considered.
8. Information on after-sales services and warranties
8.1 The Supplier provides the consumer with a guarantee in accordance with the valid legal regulations, if he does not guarantee a guarantee to a higher extent for a specific subject of performance.
8.2 The Supplier provides customers with a 1-year warranty, unless it guarantees a higher extent for a specific subject of performance.
8.2 The Supplier provides all its customers with a consulting service in relation to the offered products and services. The warranty for DNA diagnostic kits is only provided if they are implemented with the assistance of the supplier's product specialist. If the customer refuses the assistance of a product specialist, in the event of a service intervention, the customer will be charged the associated costs (eg salaries and travel allowances of the specialist).
9. Withdrawal from the contract and final provisions
9.1 The Customer understands that the contractual relationship arising from the provision of performance and established at the time of acceptance of the order by the Customer, is governed by these terms and conditions.
9.2 The Supplier is entitled to withdraw from the contractual relationship in the event that the Customer is in arrears with the payment of the relevant financial amount according to these terms and conditions for a period longer than 14 days. The Supplier is also entitled to exercise a reservation of title in accordance with these terms and conditions.
9.3 The consumer is entitled to withdraw from the contractual relationship without giving a reason within 14 days of taking over the performance in the event that the business relationship was concluded using means of distance communication, resp. within 1 month, if the supplier has not yet performed. In such a case, the supplier is entitled to the return of undamaged goods and reimbursement of the incurred purposefully incurred costs.
9.4 The rights and obligations arising from these contractual relations are governed by Czech law. To resolve any disputes, their participants designate the Regional Court in Brno as the competent court.
9.5 The company ELISABETH PHARMACON, spol. s r. o., as the holder of the ISO 9001 and ISO 13485 certificates, declares that its products and services meet the set requirements of Czech and European legislation and the requirements arising from European harmonized standards concerning product quality.
9.6 The text of these terms and conditions is available on the company's website www.elisabeth.cz and in case of any discordances between the czech and english version of the terms and conditions, the czech version shall prevail.
These business conditions of the company ELISABETH PHARMACON, spol. s r. o., come into force and effect on 1 September 2015.
ELISABETH PHARMACON, SPOL. s r. o.
Brno-Zidenice 615 00
Company ID: 26258412
The company is registered at the Regional Court in Brno, under file number C 40647
via e-shop: www.elisabeth.cz
to e-mail: firstname.lastname@example.org