General Terms and Conditions of Sale
The General Terms and Conditions of Sale (hereinafter referred to as the “Terms“) apply to contracts negotiated via the online shop RichWay EU, placed on the website www.richwayeu.com (hereinafter referred to as the “website”) between
with its registered office at J. A. Komenského 692/10, 250 88, Čelákovice, the Czech Republic
Corporate ID No: 25056492
VAT ID: CZ25056492
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 45833
Delivery address: ALFIDA s.r.o, J. A. Komenského 692/10, 250 88, Čelákovice, the Czech Republic
Telephone number: +420 326 995 453
+420 777 892 225
as the seller
and you as the buyer
- GENERAL PROVISIONS
By the contract of sale, we undertake to deliver you the goods as specified in your purchase order, whereas you undertake to take possession of such goods (either personally or from the carrier) and pay the whole purchase price as specified in the order. The purchase price (or only the “price”) includes also any costs connected with the delivery of the goods and any fees relating to the chosen method of payment. You will be informed about the above mentioned costs prior sending the binding purchase order.
You acquire the ownership of the goods by paying the whole purchase price, however not before you take possession of the goods.
Products presented on the website are not the pharmaceuticals neither the medicine within the meaning of the Act no. 378/2007 Coll., on the Pharmaceuticals, as amended. Products, which are dietary supplement, are designated as a supplement of healthy and balanced diet.
1.1 Does the contract of sale cover only the purchase of the goods?
The contract of sale (or only the “contract”) states also for any contract concluded under the Terms, i.e. it could also mean the contract on the provision of services.
1.2 Is the contract a consumer contract?
The contract is a consumer contract in case you are a consumer, i.e. if you are a natural person and your purchase is not connected to your business activities or your independent practice of your profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and the Terms. Especially as a non-consumer you do not have a right to withdraw from a contract.
1.3 What rights do you have as a consumer?
As a consumer you have especially:
- the right to withdraw from the contract negotiated by the means of distant communication (article 5 of the Terms);
- guarantee on an unused consumer goods lasting 24 months (warranty claims are governed by the Warranty Claim Guidelines);
- the right to obtain information before entering into the contract (the information are provided in the Terms or on the website).
1.4 What governs our legal relationship?
Our legal relationship is governed by the following documents:
- the Terms, which define and specify our mutual rights and obligations;
- the Warranty Claim Guidelines which we will follow in case of any warranty claims of the goods;
- any conditions and instructions stipulated on the website, especially when concluding the contract;
- the purchase order and its acceptance from our side;
and in any matters not covered by the Terms by the following legislation:
- Act no. 89/2012 Coll., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
- Act no. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
Please note, that in case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
1.5 How do you express your consent with the Terms?
You express the consent and the acquaintance with the Terms by sending a purchase order and also by confirming the acknowledgement of the Terms on the website.
The Terms can be changed or amended. Your rights and duties are governed by the wording of the Terms effective at the time of their origination.
- THE CONTRACT OF SALE
2.1 How do we conclude the contract of sale?
On our website you can see a list of goods including the description of main characteristics of particular items. For each product the price is stated, including all taxes, customs duties and fees. Presentation of the goods is for your information only and it is not our offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code. For concluding the contract of sale it is necessary that you send a purchase order and that we accept such purchase order.
2.2 How to submit an order?
You can always submit an order via our website (by filling a form), or by telephone, e-mail or by any other way currently allowed at our website.
The order has to contain all the information required by the form, especially accurate identification of the ordered goods (possibly also a numerical designation of the goods), number of ordered pieces, chosen method of payment and the delivery and your contact information (for delivery and eventually for billing).
Before sending a binding purchase order, you will be given a recapitulation of your order including the final price (depending on your chosen method of payment and the delivery). We recommend you to check the type and quantity of the goods, your email and delivery address. Please note, that within recapitulation you have the last chance to change the inserted information.
You are submitting the binding purchase order by clicking the button „Klikněte sem a zadejte text.“. We consider the data in the binding purchase order as correct and complete. In case of any change, please, inform us without undue delay via email or telephone.
We will inform you when we obtain the order. Information (confirmation) about obtaining the order is send automatically and it is not an acceptance of the order from us, unless it explicitly states otherwise.
In case we will have doubts about the authenticity and seriousness of the order, we can contact you for the purpose of its verification. Unverified order can be refused. Such order is then considered as not submitted at all.
2.3 When is the contract concluded?
The contract of sale is concluded as of the moment of the delivery of our acceptance of the purchase order from us to you. The acceptance of the order will be sent to the email address provided by you in the order. Should it be the case you do not receive the acceptance, the contract is concluded as of the moment of payment of the total price or as of the moment you take possession of the goods (whichever occurs first). Acceptance of the order could be a part of the information on obtaining the order under the article 2.2 of the Terms (if it is explicitly stated in the confirmation), or it could be send individually later.
Information about the particular technical steps leading to a conclusion of the contract are available on our website.
2.4 Is it possible to cancel an already sent order?
You can cancel an order that has not been accepted by us yet (i.e. we have not sent you the acceptance of the order according to article 2.3 of the Terms yet) by telephone or via email. All orders accepted by us are binding. Later cancellation of the order is possible by an agreement with us only. If you cancel an order of the goods, among that it is not possible to withdraw from the contract (see article 5), we are entitled to claim the reimbursement of the costs already expended by us to that time.
2.5 Is it possible that the price showed on the website will be changed?
Prices of the presented goods and of the packaging, transport and the delivery remain valid as long as they are showed on the website. Potential discounts from the purchase price cannot be combined, unless it is explicitly stated otherwise on the website.
In case a wholly obvious technical error regarding the price occurred on the website or within the purchase order process, we are not obligated to deliver you any goods for this wholly obvious incorrect price, not even in the case you already received an acceptance of the order from us according to the Terms. In such a situation we reserve the right to withdraw from the contract.
If the price of the goods showed on the website or within the purchase order process is not actual, we will inform you in such respect without undue delay. If you have not received an acceptance of your order yet, we are not obliged to conclude the contract.
Orders which have been already sent, are not influenced by the change of the price, which occurred within the period beginning by sending of the order and ending by its acceptance from us according to article 2.3 of the Terms.
2.6 Is it possible to obtain the contract of sale in a text form?
Contract of sale is not concluded in writing form with the signatures of the contracting parties. The contract of sale consists of the Terms, your order and its acceptance from us. The entire contract will be sent to you via email or upon your request printed via mail. In case of sending it via mail, you can be asked to cover the costs connected to it.
2.7 What if you don’t understand something in the contract?
In case of any questions about the Terms or about the contract of sale, you can contact us by telephone or via email. We will be happy to provide you with the needed information.
2.8 In what languages is it possible to conclude the contract?
The contract of sale is possible to conclude in the English language, unless we explicitly agree on any other language.
2.9 Is the contract of sale anywhere saved?
The contract of sale (including the Terms) is maintained by us in an electronic form. The contract of sale is not accessible to third parties, but we will send it to you upon your request.
- PAYMENT CONDITIONS
3.1 What payment methods are accepted?
The purchase price can be paid mainly by the following manners:
- in cash when sending the goods by cash on delivery or at the time of your personal collection;
- via bank transfer to our bank account prior the delivery (you will be instructed in the purchase order acceptance);
- non-cash payment via the payment gateway PayPal.
Any other payment methods are stated on the website.
Some payment methods (particularly the cash on delivery) may include extra fees. These fees are stated on the website. The final price including the fees connected with the payment method will be always stated in the purchase order.
3.2 When is the price due?
In case of cash payment the purchase price is due as of the take over the goods. In case of the bank transfer the purchase price is due within five days from the acceptance of the order according to article 2.3 of the Terms. Your obligation to pay the purchase price via the bank transfer is fulfilled as of the moment we receive the respective payment at our bank account.
3.3 In what currency can you pay?
Payment is possible in US dollars (USD).
In case you pay in cash, it is possible to pay the purchase price in Czech crowns (Kč) or Euros (EUR). The purchase price is stated according to the current price list, depending on the chosen currency, which is listed on the website.
In case you are from the Czech Republic, or from the member state of the European Union and you pay via bank transfer to our account, the previous paragraph applies similarly.
Please, contact us in advance for the payment in Czech crowns or in Euros.
3.4 When we may ask for a deposit or a payment in advance?
We may require a deposit particularly for the orders with a total price exceeding USD 250.
Furthermore, we are entitled to ask you to pay the full price of the goods before sending or delivering of the goods (Section 2119 para 1 of the Civil Code does not apply).
- DELIVERY CONDITIONS
4.1 How do we send the goods?
Delivery methods of the goods are stated on our website. You can choose the respective delivery method at the purchase order. If you do not choose any of the delivery methods, we may choose a delivery method instead of you.
4.2 What are the costs of the delivery?
The delivery costs depends always on the size and nature of the goods and on the price list of the selected carrier. Actual delivery costs are stated on our website.
In the purchase order the final price including the delivery costs corresponding to your selection will be always stated.
4.3 When the goods will be delivered to you?
The time of delivery of the goods is always depending on the availability of the goods and on the chosen method of transport and payment.
The goods available in stock is handed over to a carrier usually within three working days from the acceptance of the order (at cash on delivery or personal collection), eventually from the moment your payment is credited to our bank account (bank transfer payment).
The goods not available in stock is handed over to a carrier as soon as possible. We will inform you about the exact date.
Please note, that we cannot influence the delivery time of the external carriers. Any complaints about the time of delivery, please, communicate directly with the carrier.
The delivery of the goods under the Terms means the moment when the goods is delivered to you. Should you refuse to accept the goods without just reason, such non-acceptance is considered neither as the failure of our obligation to deliver the goods, nor as a withdrawal from the contract from your side.
4.4 How to proceed when taking over the goods?
You should check the integrity of the packaging at the delivery. Should you find any deficiencies, please, inform us and the carrier immediately. If you refuse a delivery with damaged packaging, it is not considered as unjustified refusal of the goods.
By signing of the delivery note (or similar document) you acknowledge that the packaging has not been damaged. Warranty claims under the reason of damaged packaging is no longer possible at that time.
As of the moment of taking possession of the goods (or as of the moment you had the obligation to take possession of the goods, but you refused to do so contrary to the contract) the liability for accidental destruction, damage or loss of the goods passes on you.
4.5 What happens, if you do not take possession of the goods?
You are obligated to pay the costs associated with the re-delivery, if the goods have to be delivered repeatedly or by other means of delivery due to the reasons on your side.
Should you not accept the goods, we are entitled to the reimbursement of the costs associated with the delivery or re-delivery and its storage, as well as other costs that arise due to not accepting the goods. These costs will not exceed CZK 10 per each day of lasting of the storage. The storage costs can reach a total amount of CZK 500 maximum or the amount of purchase price in case such a price is lower than CZK 500. The sums stated in this paragraph can be charged also in the amounts corresponding to other currencies we accept according to this contract.
Furthermore, in such a case we have the right to withdraw from the contract.
- WITHDRAWAL FROM THE CONTRACT
5.1 How can you withdraw from the contract?
You can withdraw from the contract within 14 days from the day of accepting the goods; if the delivery is divided into several parts, then from the date of the final delivery. We recommend you to send a notice of withdrawal from the contract to our delivery address or email. You can use a template form for the withdrawal from the contract. The acceptance of the notice will be confirmed to you without undue delay.
You can withdraw from the contract without stating any reason.
5.2 What are the consequences of the withdrawal?
By withdrawal the contract is cancelled from the beginning and is considered as never concluded.
If the gift was provided together with the goods, such a donation contract is void as of the withdrawal from the contract by any of the parties. Please return the gift to us together with the returned goods.
5.3 When you cannot withdraw from the contract?
In accordance with Section 1837 of the Civil Code is not possible to withdraw inter alia from the following contracts:
- about the delivery of the goods subject to rapid deterioration, as well as the goods which have been irretrievably mixed with other goods after the delivery;
- about the delivery of the sealed goods, which have been unsealed and due to hygienic reasons cannot be returned;
5.4 How do you return the goods?
You are obligated to return us the goods within 14 days from the withdrawal from the contract to our delivery address, to any our business premises or to the address of our registered seat. Do not send the goods by the mean of cash on delivery. We are not obligated to accept the goods sent via the cash on delivery.
The returned goods must be undamaged, unworn and unpolluted and, if possible, in the original packaging.
To the returned goods we recommend to attach:
- a copy of the delivery note and the invoice, if these documents were issued, or any other document evidencing the purchase of the goods;
- a written statement on the withdrawal from the contract (by using our template form or by any other way) and on the selected method of refund (bank transfer, personal collection or postal order or any other way). Please provide us the delivery address, telephone number and email in the statement.
Not providing of any of the above mentioned documents shall not preclude a positive handling of your withdrawal from the contract according to law.
5.5 When do you get your money back?
We will refund all the received money within 14 days from the withdrawal from the contract. Please note however, that we are not obligated to refund you the money before you return the goods or prove that the goods were shipped back to us.
We will refund you the money:
- by the same way as we have received them; or
- by the way you will require.
Among the above stated methods, we can always refund the money also to the bank account you provided us, or the bank account from which the purchase price was paid (should you not provide us with any bank account within 10 days from the withdrawal). By accepting the Terms you express your consent with sending the money as stipulated in the previous sentence, if no other costs will be caused to you.
5.6 What if the returned goods were damaged?
When returning the goods, please, wrap it to a suitable packaging to avoid its damage or destruction. For substantially damaged or destroyed goods during the transport due to the use of improper packaging the purchase price and costs of delivery cannot be refund (alternatively its part corresponding to the damage incurred).
Should we find out that the returned goods are damaged, worn, dirty or partially consumed, we are entitled to claim for damages. We can unilaterally set off the claims for damages against your claim for refund of the purchase price and the costs of the delivery, i.e. the refunded amount will be reduced by the damages.
5.7 When we can withdraw from the contract?
We reserved the right to withdraw from the contract in the following cases:
- the wholly obvious wrong purchase price of the goods occurred on the website due to a technical error (article 2.5 of the Terms);
- the goods cannot be supplied under the original terms (mainly because the goods are no longer manufactured, the supplier ceased to supply to the Czech Republic etc.);
- the performance becomes objectively impossible or illegal.
Should any of the above mention situations occur, we will inform you about our withdrawal from the contract without undue delay. The withdrawal is effective upon the delivery to you.
If you have already fully or partly paid the purchase price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment. The money is returned within five days from the withdrawal from the contract.
- RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant legislation (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines. Before sending a warranty claim, please, acquaint yourself thoroughly with the Warranty Claim Guidelines in order to your claim could be processed as quickly as possible and to your satisfaction.
7. REGISTRATION ON WEB INTERFACE
7.1 How can you register on a new web interface?
By registering through registration (possibly order) form on a web interface an user account is established. Keep your Login information to your user account secret. We are not responsible for misuse of user account by a third party.
Registration data must be true and complete. Account that was opened with incorrect or insufficient data can be be cancelled by us without any compensation. In case that there are changes in your data, we recommend immediate correction within the user account.
7.2 What is the user account for?
By utilizing the user account you can place your orders for goods, track orders and manage the user account. Possible other functions of the user account are always listed on the web interface.
7.3 When can we close your user account?
Please bare in mind that we have the right to close your account without compensation, if by use of your account there si abuse of good morals, valid legal regulations or these general business rules.
8. PROTECTION COPYRIGHTS, RESPONSIBILITY AND USE OF WEB INTERFACE
8.1. Is the content of the web pages protected by copy right laws?
Content of web pages placed on a web interface (texts including the business rules, photos, pictures, logos, programs a etc.) si protected by our copy rights or by copy rights held by others. You cannot change, copy, distribute or use the content for any purpose withou our consent or consent of the holder of the copy rights. Namely to allow free or for fee access to photos and texts placed on the web interface is prohibited.
Names and markings of products, goods, services, firms and companies may be registered copyrighted marks owned by the respective owners.
8.2. Responsibility of using the web interface
We do not carry any responsibility for mistakes caused by an interference by a third party into the web interface or caused by usage that is in contradictionwith its intended purpose. While using the web interface you are prohibited from using procedures that could disrupt or disproportionaly overload our system.
If you commit any illegal or unethical behavior while using the web interface, we are entitled to restrict, suspend or terminate your access to the web interface without any compensation.
Please note, that clicking on some links on the web interface can lead to leaving the web interface and to redirection to web pages of third parties.
9. FINAL PROVISIONS
9.1. What rights do we have to perform our activity and who is overseeing our activity?
We are authorized to sell goods based on our trade license. Our activity si not a subject to another authorization.
The trade licence oversight, in the framework of scope of its activity, is provided by the appropriate Trade Licensing Office. The oversight of compliance with legal regulations regarding technical requirements and safety of goods is conducted by Czech Trade Inspection (http://www.coi.cz/), in case of food industry goods it si Czech Food and Agriculture Inspection (http://www.szpi.gov.cz) . Czech Trade Inspection also conducts control of compliance with consumer protection regulation.
9.2. How do we process complaints?
We processed possible complaints through our contact e-mail. Futhermore we can turn to entities referred to in article 9.1. In relationship to our customers we are not bound by any code, nor we follow any such code.
9.3. What are your rights during an onset of a consumer dispute?
If you are acostumer and there si an onset of a dispute stemming from our contract that we cannot successfuly resolve directly, you have the right to turn to Czech business inspection (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: email@example.com, telephone: +420 495 215 266)
9.4. What else should you know?
During the process of entering into a contract long distance communication means are being utilize (namely internet nettworks). Costs connected with the use oflong distance communication means (primarily cost of internet connection or telephone calls) are your resposibility. These costs should not differ from normal rates.
Unless negotited otherwise, entire correspondence connected to the contract between us will be in a written form, either via e-mail, registerred mail or by a personal delivery. We will deliver written communication to an electronic mail address provided by you on the order formo r in your user account.
In case that any provision of these Terms and Conditions is invalid, ineffective or inaplicable (or it will become as such), it will be replace by a provission that will be in its meaning nearest to invalid, ineffective or inaplicable provision. Invalid, ineffective or inaplicable provision does not affect validity of the remaining provisions. Change or ammend the contract (including Terms and Conditions) can be done in writting only.
The Terms are valid and effective as of 22. 5. 2018.