Terms and Conditions of the Company:
with registered office:
Fügnerovo náměstí 1808/3, Nové Město (Prague 2), 120 00 Prague
registered in the Commercial Register at the Municipal Court in Prague, Section C, File
for the sale of goods through an online shop at www.mymolecool.com/cz
(hereinafter referred to as the “Seller”)
1.1. These Terms and Conditions(hereinafter the”Terms and Conditions”) of Mymolecool s.r.o., with registered office at Fügnerovo náměstí 1808/3, Nové Město (Prague 2), 120 00 Prague, identification number: 08383588, registered in the Commercial Register of the Municipal Court in Prague, Section C, File 279086 (hereinafter referred to as the “Seller”) are modified inaccordance with the provisions of Section 1751 para. 1 of Act No. 89/2012Coll., Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the Parties arising in connection with or on the basis of a Purchase Contract (hereinafter referred to as “the Purchase Contract”) concluded between the Seller and another natural person(hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website www.mymolecool.com/cz (hereinafter the”Website”) through the website interface (hereinafter the “Web interface of the Shop”).
1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase the goods from the Seller is a legal person or a person who acts when ordering goods in the course of his/her business activity or in the course of his/her independent pursuit of a profession.
1.3. Provisions deviating from the Terms and Conditions can be agreed to in the Purchase Contract. The deviating arrangements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
Based on the Buyer’s registration made on the website, the Buyer can access its user interface. From its user interface, the Buyer can perform
1.6. the ordering of goods (hereinafter referred to as the “User Account”). If the web interface of the shop allows, the Buyer can also order goods without registering directly from the web interface of the shop.
The Buyer declares that he/she is over 18 years of age. In case of age less than 18 years, the Buyer will contact customer service and the shipment will be delivered without alcoholic beverages that may be part of the shipment.
1.7. When registering on the website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account upon any change. The information provided by the Buyer in the user account and when ordering the goods is considered correct by the Seller.
1.8. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
1.9. The Buyer is not entitled to allow third parties to use the user account.
1.10. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than one year, or if the Buyer violates his/her obligations under the Purchase Contract (including the Terms and Conditions).
1.11. The Buyer acknowledges that the user account may not be available 24/7, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of third-party hardware and software equipment.
CONCLUSION OF A PURCHASE CONTRACT
1.12. All presentation of goods located in the web interface of the store is informative and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732, Para. 2 of the Civil Code does not apply.
1.13. The shop’s web interface contains information about the goods, including the prices of each item. The prices of the goods are indicated including value added tax and all related charges. Item prices remain valid as long as they are displayed in the shop’s web interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract on individually agreed terms.
1.14. The shop’s web interface also contains information about the costs associated with the packaging and delivery of goods. Information about the costs associated with the packaging and delivery of goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
1.15. To order the goods, the Buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:
1.15.1. the ordered goods (the ordered goods are “inserted” by the Buyer into the e-shopping cart of the web interface of the shop),
1.15.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
1.15.3. information on the costs associated with the delivery of goods (collectively referred to as the “Order”).
1.16. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, also with regard to the Buyer’s ability to detect and correct errors arising from entering data into the order. The order is sent by the Buyer to the Seller by clicking on the “complete order” button. The information given in the order is considered correct by the Seller.
1.17. Sending an order is considered to be such an act of the Buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the Buyer, the method of payment of the purchase price, and is a binding proposal of the Purchase Contract for the Parties. The condition of the validity of the order is to fill in all mandatory information in the order form, to familiarize one’s self with these Terms and Conditions on the website and to confirm that the Buyer has become acquainted with these Terms and Conditions.
1.18. Immediately upon receipt of the order, the Seller confirms this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as “theBuyer’s e-mailaddress”).
1.19. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, estimated transport costs) to ask the Buyer for additional confirmation of the order (for example, in writing or by phone).
1.20. The draft Purchase Contract in the form of an order is valid for fifteen days.
1.21. The Contractual relationship between the Seller and the Buyer arises from the delivery of the receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
1.22. In the event that any of the requirements specified in the order cannot be met by the Seller, it will send the Buyer an amended offer to the Buyer’s e-mail address indicating possible variants of the order and request the Buyer’s opinion.
1.23. The amended offer is considered to be a new draft Purchase Contract and in such a case the Purchase Contract is concluded only by acceptance of the Buyer via e-mail.
The Buyer agrees to use means of distance communication when concluding the Purchase Contract.
1.1 The costs incurred by the Buyer in using means of distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer him/herself, which does not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
1.2. The price of the goods and any costs associated with the delivery of the goods according to the Purchase Contract can be paid by the Buyer in advance to the Seller in the following ways:
- wire transfer to the Seller’s account No. 4865865319/0800, held with Česká Spořitelna (hereinafter referred to as “the Seller’s account”);
- cashless payment system ThePay.cz r.o.
- RECURRINGPAYMENTS for subscriptions via payment system ThePay.cz s.r.o. , charged regularly once a month, the next payment to be charged every 30 days after the first payment. The amount is fixed. If the payment fails for any reason and the amount is not charged, your subscription will be automatically cancelled. Cancellation of the subscription can be easily cancelled by the 25th day of the month via your user account or via email email@example.com.
1.3. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.
1.4. In case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of a non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
The Seller is entitled, especially if the Buyer does not confirm the order (Art. 3.8), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, Para. 1 of the Civil Code does not apply.
1.1. does not apply.
1.2. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.
1.3. If this is usual in the course of business or if this is provided for by generally binding legislation, the Seller issues a tax document – an invoice – to the Buyer regarding payments made on the basis of a Purchase Contract. The Seller is a value added tax payer. Tax document – the invoice is issued by the Seller to the Buyer after payment of the price of the goods and sends it in electronic form to the Buyer’s e-mail address.
WITHDRAWAL FROM THE PURCHASE CONTRACT
1.4. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Contract:
1.4.1. the supply of goods, the price of which depends on the deflection of the financial market independently of the will of the Seller and which may occur within the withdrawal period,
1.4.2. the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on financial market deflection independent of the Seller’s will,
1.4.3. about the delivery of goods that have been modified according to the Buyer’s wishes or for his/her person
1.4.4. the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
1.4.5. the supply of goods in sealed packaging, which the Buyer has removed from the package and cannot be returned for hygienic reasons,
1.4.6. the supply of an audio or video recording or computer program if he/she has compromised its original packaging,
1.4.7. on the supply of newspapers, periodicals or magazines,
1.4.8. on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before the conclusion of the Contract that in such a case he/she has no right of withdrawal.
If this is not the case referred to in Art. 5.1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has in accordance with the provisions of Section 1829 Para. 1 of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods,
1.1. where several types of goods or the supply of several parts are the subject of a Purchase Contract, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.
1.2. Withdrawal from the Purchase Contract may be sent by the Buyer outside to the address of the Seller’s establishment or registered office. The provisions of Article 11 of these Terms and Conditions shall apply to the service of withdrawal. The entrepreneur confirms to the consumer without undue delay in text form about its acceptance.
1.3. In case of withdrawal from the Purchase Contract pursuant to Art. 2 of the Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
1.4. In the event of withdrawal from the Contract pursuant to Art. 2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer, in the same way as the Seller accepted it from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already on the return of the goods by the Buyer or by other means, if the Buyer agrees to this and this does not induce additional costs for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to it or proves that he/she sent the goods to the Seller.
1.5. The Seller is entitled to unilaterally set off against the Buyer’s claim for a refund of the purchase price.
1.6. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In this case, the Seller returns the purchase price to the Buyer without undue delay, cashlessly to the account designated by the Buyer.
1.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift Contract for such gift will no more effective and the Buyer is obliged to return the gift provided to the Seller together with the goods.
TRANSPORT AND DELIVERY OF GOODS
1.8. In the event that the mode of transport is Contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged under the Purchase Contract to deliver the goods to the place designated by the Buyer.
1.1. in the order, the Buyer is obliged to take over the goods upon delivery.
1.2. In case, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
1.3. Upon receipt of the goods from the carrier, the Buyer is obliged to check the intactness of the packaging of the goods and in case of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorised entry into the consignment, the Buyer does not have to accept the consignment from the carrier.
1.4. Modes of transport and transport prices
- Czech Post – parcel in hand or post office – CZK 100
RIGHTS FROM DEFECTIVE FULFILLMENT
1.5. The rights and obligations of the parties with respect to rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).
1.6. The Seller confirms to the Buyer that the goods do not have defects upon receipt. In particular, the Seller corresponds to the Buyer that at the time when the Buyer took over the goods:
1.6.1. the goods have characteristics which the parties have negotiated and, in the absence of an arrangement, have such characteristics as the Seller or manufacturer has described or which the Buyer expected, taking into account the nature of the goods and the advertising carried out by them,
1.6.2. the goods are suitable for the purpose stated by the Seller for its use or for which goods of this kind are usually used,
1.6.3. the goods correspond to the quality or execution of the agreed sample or draft, if the quality or design has been determined according to the agreed sample or model,
1.6.4. the goods are in the appropriate quantity, quantity or weight, and
1.6.5. the goods comply with the requirements of the legislation.
1.7. The provisions referred to in Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods due to their normal use, to secondhand goods to a defect corresponding to the degree of use or wear which the goods had when taken over by the Buyer, or where this is apparent from the nature of the goods.
If the defect occurs within six months of receipt, the goods are considered to have been defective
1.1. on receipt.
1.2. Rights from defective performance are exercised by the Buyer at the Seller at the address of its establishment, in which acceptance of the claim is possible with regard to the assortment of goods sold, or even at the registered office or place of business. The moment of the claim is considered to be the moment when the Seller received the complaint from the Buyer.
1.3. Other rights and obligations of the parties related to the Seller’s liability for defects may be modified by the Seller’s complaint procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1.4. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods
1.5. In relation to the Buyer, the Seller is not bound by any codes of conduct pursuant to the provisions of Section 1826 par. 1 let. e) of the Civil Code.
1.6. The Czech Trade Inspection Authority, with its registered office Štěpánská 567/15, 120 00 Prague 2, is responsible for the out-of-court settlement of consumer disputes under the Purchase Contract: 000 20 869, internet address: http://www.coi.cz
1.7. The Seller is entitled to sell the goods on the basis of a trade licence. The trade inspection is carried out within the scope of its competence by the competent trade authority. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspectorate supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to a defined extent.
1.8. The Provider does not take the risk of changing circumstances pursuant to Section 1765 (2) of the Civil Code.
PERSONAL DATA PROTECTION
Information can be found HERE
SENDING MARKETING COMMUNICATIONS AND STORING COOKIES
1.8. The Buyer agrees to send information related to the Seller’s goods, services or business to the Buyer’s e-mail address and further agrees to send marketing communications by the Seller to the Buyer’s e-mail address.
The Buyer agrees to store so-called cookies on his/her computer. In the event that the purchase on the website can be made and the Seller’s obligations under the
1.1. cookies have been stored on the Buyer’s computer, the Buyer may withdraw the consent according to the previous sentence at any time.
1.2. Notices concerning the relations between the Seller and the Buyer, in particular concerning the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and effective at the time of their delivery by post, with the exception of the notice of withdrawal made by the Buyer, where the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
1.3. A notification whose receipt has been refused by the addressee, which has not been collected during the storage period or which has returned as undeliverable shall also be deemed to have been received.
1.4. The parties may deliver normal correspondence to each other by e-mail to the e-mail address specified in the Buyer’s user account or to the specified Buyer in the order, or to the address indicated on the Seller’s website.
1.5. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is notwithstanding consumer rights arising from generally binding legislation.
1.6. If a provision of the Terms and Conditions is invalid or ineffective, or becomes invalid, a provision shall take place instead of invalid provisions, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase agreement or Terms and Conditions require written form.
1.7. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
1.8. The Seller’s contact details: address for delivery Mymolecool s.r.o., Fügnerovo náměstí 1808/3, Nové Město (Prague 2), 120 00 Prague. Email: firstname.lastname@example.org.
In Prague on 22.8.2020
Information on the Processing of Personal Data (GDPR)
Here you will learn how we deal with the information you provide to us when you make a purchase and what to do if you do not like it.
At Mymolecool s.r.o. (that is the name of our company), we keep the following information about customers:
Identification data – first and last name, or company name ID number and VAT number.
Contact details – address, phone number and email.
Additional information – date of purchase, number of packages, mode of transport and payment.
We use the data to fulfill the concluded Purchase Contract, i.e. delivery of the ordered goods, because without them the order cannot be delivered or the invoice issued correctly.
We only store data for as long as we are prescribed by law, then we erase the data.
Order information is stored for 8 years – that is, for as long as it can be subject to financial control. The information you provide during e-mail communication is retained on the email server.
We only provide data to companies when necessary. Your personal, contact and additional information and selected information about your activities are also sent to:
-Wordfence (to protect our website and your data)
-Email service (so we can send you an email about completing your order and invoice)
-Facebook (so we can connect with you on facebook)
-Google (to find us)
-Mymolecool s.r.o. (the name of our company, in case you forgot) keeps accounts where information about your payments to Mymolecool s.r.o. may appear.
Your rights – Your data is processed transparently, correctly and in accordance with the law. We treat the data like our own. You have the right to access, rectify or delete your data, as well as to withdraw your consent to their processing, as well as any other rights arising from the law. If you believe that processing is not in order, do not hesitate to contact us at the same time with any question at email@example.com
What are cookies?
A cookie is a short text file that the website you visit sends to your browser. It allows the site to record information about your visit, such as cart content and other settings. This may make your next visit to the site easier and more productive. Cookies are important. Without them, browsing a website would be much more complicated.
Cookies are used for a variety of purposes. For example, we use them to make our online shop (cart) work properly, to select relevant ads, to track the number of visitors to a page, or to set up ads.
What types of cookies do we use?
Cookies maybe divided according to what they are for, how valid they are, or what service has saved them.
Custom cookies are cookies stored directly from our website. This means the contents of the cart or the last products displayed.
Third-party cookies are cookies stored by third-party services, such as Google Analytics (a service for measuring statistics and website traffic)
Temporary cookies are stored in your browser only when you visit the site. When you leave the site or close your browser, they are deleted. Most short-term cookies are intended to help in the correct functionality of the site.
Permanent cookies are stored in your browser for a fixed period of time. This time may be different for each cookie. For example, it is used to preserve the contents of the cart so that the cart is not emptied each time you visit the website.
Basic (functional/system) cookies without these cookies would not work properly on our website. Cookies from the online shop are stored e.g. as the last displayed items, the contents of the cart or the display of the chatbot.
Security cookies are used to evaluate and store information to identify security risks. Wordfence solves security risk assessment for us.
Analytical cookies are used for evaluating and collecting statistics of our website. We collect data to improve the site, especially through the purchasing process. We use Google Analytics (we send data with an anonymized IP address) and Hotjar.
Conversion cookies are used to recognize the source of your purchase. Thanks to them, we know where you came from and from what source you purchased. This allows us to optimize our ads. (Re)marketing cookies are used to correctly set up and display relevant ads on Google and Facebook advertising services.
How do I turn off or delete cookies?
You can turn off cookies at any time and delete them using the tools available in your browser. Turning off cookies can affect the purchasing process, and some features on the site may be unavailable.