of the commercial company ČESKÁ LÉKÁRNA HOLDING, a.s., registered office Nové sady 996/25, Staré Brno, 602 00 Brno, Company Id. No.: 285 11 298, Tax Reg. No: CZ28511298, registered in the Commercial Register with the Regional Court in Brno, Section B, File 6919, with objects of business consisting in sale of goods through an on-line shop at the internet address www.docsimon.com.
The on-line shop at the internet address www.docsimon.com is operated by ČESKÁ LÉKÁRNA HOLDING, a.s., registered office Nové sady 996/25, Staré Brno, 602 00 Brno, Company Id. No.: 285 11 298 Tax Reg. No: CZ28511298, registered in the Commercial Register with the Regional Court in Brno, Section B, File 6919 (hereinafter referred to as "the Seller").
Contact data of the Seller:
i) service address - Internetová lékárna DocSimon, Krčská 1079/59, 140 00 Praha 4,
ii) telephone – (+420) 241400829
iii) e-mail - email@example.com
These Commercial Terms of the Seller (hereinafter referred to as "Commercial Terms") have been issued in accordance with provisions of s. 1751 et seq. of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter also referred to as "NCC") and define and specify rights and obligations of the contractual parties arising upon conclusion of contracts of sale between the Seller and other physical or legal persons (hereinafter referred to as "the Buyer") through the Seller's on-line shop at the website www.docsimon.com (hereinafter referred to as "on-line shop") and form an integral part of each contract for sale (contract for delivery of goods). The contract for sale and the Commercial Terms are executed in Czech. The contract for sale shall be concluded in English.
By submitting a purchase order the Buyer shall accept the Commercial Terms. Relations between the Buyer and the Seller shall be governed by the currently valid version of the Commercial Terms, which shall be binding on both contractual parties unless the contract explicitly indicates otherwise.
In case of medicinal products the sale by mail order may only be used for pharmaceutical preparations registered in accordance with s. 25 (1) of Act No. 378/2007 Coll., Act on Pharmaceuticals, as amended (hereinafter the "Act on Pharmaceuticals"), that are not subject to prescription according to the relevant marketing authorizations.
The Seller is authorized to sell the goods based on a trading licence and has acquired the approval granted by the State Institute for Drug Control, registered office at Šrobárova 48, 100 41 Praha 10, for mail-order distribution of medicinal products. The trading licence control shall be performed by the appropriate Trade Licence Office within its scope of powers. Issues of personal data protection shall be subject to supervision exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority shall within the defined scope of its powers supervise, inter alia, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Seller hereby notifies the Buyer (as a consumer), that any out-of-court settlement of consumer disputes shall belong to the remits of the Czech Trade Inspection Authority (Česká obchodní inspekce), registered office Praha 2, Štěpánská 567/15, postal code 120 00, www.coi.cz. The consumer shall be entitled for an out-of-court resolution of a consumer dispute resulting from a contract for sale or a contract for provision of services, except for a contract concluded in the sphere of health services provided to patients by health professionals for healthcare purposes, including the prescription, dispensation and provision of medicinal products and medical devices. Consumer can also use the platform for on-line dispute solving, which is established by the European Commission at http://ec.europa.eu/consumers/odr/.
The Seller shall be entitled to modify or supplement the wording of these Commercial Terms. This provision shall be without any prejudice to the rights and obligations that arose during the period of validity of a previous version of the Commercial Terms.
Subject Matter of the Contract for Sale
The on-line shop contains a list of goods offered by the Seller for sale, including prices for individual items. Prices of the offered goods are indicated including the value added tax and any and all related charges. The offer of goods and the prices for such goods shall remain in effect as long as they are displayed in the on-line shop. This provision does not limit the Seller's option to conclude a contract for sale under individually agreed terms. No offers of goods for sale posted in the on-line shop shall be binding and the Seller shall have no obligation to conclude any contract for sale for such goods.
The on-line shop also contains information about costs associated with packaging and delivery of the goods (hereinafter referred to as the "postage fees").
The Buyer acknowledges and agrees that pictures displayed next to the goods are for illustration purposes only and might not fully correspond to the real goods.
Ordering Goods, Concluding Contracts
Validity of an electronic purchase order shall be conditioned by filling all data and particulars requested in the form. The contract for sale shall be concluded at the moment of submittal of the order. Before sending an order to the Seller the Buyer shall be able to check and alter the data entered in the order, also with regard to the Buyer's option to detect and correct any errors made upon entering the data into the order. The Buyer shall submit the order to the Seller by clicking on the button "Confirm and submit the order". The data provided in the order will be considered correct by the Seller. Immediately after having received the order the Seller shall confirm this receipt to the Buyer by an e-mail message to the Buyer´s e-mail address as indicated in the order.
Depending on the character of the subject matter of the order (quantity of goods, price, transport costs, distance etc.) the Seller shall always be entitled to request the Buyer to authorize the order in an appropriate manner, e.g. by telephone or in writing. Should the Buyer refuse to authorize the order in the requested manner, the order will be considered invalid and void.
The Buyer hereby agrees that remote communication tools may be used to conclude a contract for sale. The costs incurred by the Buyer in connection with the use of remote communication tools in order to conclude a contract for sale (costs of the Internet connection, telephone charges etc.) shall be borne by the Buyer.
Registered Buyers can use a number of benefits offered by the Seller after the registration in the on-line shop. The Buyer will be informed about such opportunities by means of an e-mail bulletin. When registering in the on-line shop and when ordering the goods the Buyer shall be obliged to provide all the data correctly and truly. The data provided by the Buyer in the user´s account and in purchase orders of goods shall be considered correct by the Seller.
By placing the order the Buyer declares and undertakes that he/she buys the goods for himself/herself and he/she shall not re-sell the goods to any third party. The Buyer makes this declaration in particular with respect to the fact that the Seller is not authorised to distribute medicinal products within the meaning of s. 5(5) of the Act on Pharmaceuticals and is not a distributor of medical devices within the meaning of s. 5(f) of Act No. 268/2014 Coll., on Medical Devices, as amended. Should this Buyer's declaration prove to be false or misleading, the Buyer undertakes to compensate the Seller in full amount for any costs, expenses and losses arisen to him in this respect, including any possible sanctions imposed on the Seller by appropriate supervisory authorities, including any incurred non-pecuniary harm and including any expenses spent on legal or other professional consultancy services and expert opinions.
Price and Payment for the Order
Prices indicated in the on-line shop shall be valid at the time of placing the order. According to indicated conditions the price may be increased by a postage fee. The prices apply to the described products.
The price for the goods and any costs associated with the goods delivery under the contract for sale can be paid by the Buyer to the Seller by the following methods:
i) in cash at selected Seller´s branches at the addresses indicated here;
ii) payment method PayPal
iii) payment card;
An invoice issued based on a contract for sale between the Seller and the Buyer shall simultaneously serve as a tax document. The Buyer is in principle allowed to take the goods over only after payment of the full price for the goods, unless agreed otherwise.
Postage fees will be added to the price for the goods and the Buyer agrees to pay the postage along with the price for the goods. Postage fees will not be charged in case of personal collection of goods; however, if the value of the order including VAT does not exceed 7,7 €, a fee of 1,2 € will be charged for personal collections.
The range of the goods and the prices offered in the on-line shop may not be identical with the offer provided by Dr. Max brick and mortar pharmacies.
Transport Terms, Postage
The method of delivery of the goods shall be determined by the Seller, unless the contract for sale stipulates otherwise. If the method of transport is agreed based on the Buyer´s request, the Buyer shall bear the risk and any additional costs associated with such method of transport.
An overview of offered delivery methods for the goods and of the relevant prices is available here. No postage fee shall be charged to the Buyer for orders the value of which exceeds 76,9 € incl. VAT, delivered within the territory of the Czech Republic. When the Buyer has selected the personal collection method, he/she must always wait for a confirmation e-mail informing that the ordered goods are ready to be collected; otherwise the goods might not be prepared for collection.
If the Seller is under the contract for sale obliged to deliver the goods to a place specified by the Buyer in the purchase order, the Buyer shall be obliged to take the goods over upon delivery. If due to reasons on the part of the Buyer the goods have to be delivered repeatedly or in a manner different from the one specified in the order, the Buyer shall be obliged to pay costs associated with such repeated delivery of the goods or costs associated with another method of delivery.
When taking over the goods from the forwarder the Buyer is obliged to check the number of packages and intact packaging of the goods and in case of any defects he must report them to the forwarder immediately. In case that a damaged packaging is found suggesting an unauthorized intrusion into the consignment, the Buyer shall not be obliged to take the consignment over from the forwarder. By signing the delivery note the Buyer confirms that the consignment of goods meets all conditions and requirements, therefore no potential complaints concerning damaged packaging of the consignment will be accepted.
Medical products registered under Section (§) 25, paragraph 1 of the Act on Pharmaceuticals, and not classified as prescription drugs according to their respective resolutions about the registration, will be sent to the Buyer usually within three (3) working days at the latest after receiving the order to ensure delivery to the Buyer usually within ten (10) working days at the latest after receiving the order, or else the Buyer shall be informed within three (3) working days at the latest after receiving the order that the ordered goods cannot be delivered within the said time limit. 6.2. For the other preparations and goods not mentioned in the previous paragraph the consignment will be handed over to the forwarder for delivery usually within three (3) working days at the latest after receiving the order.
Liability for Defects, Warranty, Servicing
Rights and obligations of the contractual parties with regard to the Seller´s liability for defects, including the Seller´s liability under the warranty, shall be governed by the applicable generally binding regulations [in particular, provisions of s. 2158 et seq. of the NCC, or s. 2099 et seq. of the NCC in case of a Buyer acting as an entrepreneur, who has stated this fact upon ordering the goods (e.g. by stating the Company Identification Number and/or Tax Registration Number); and by Act No. 634/1992 Coll., Consumer Protection Act].
The Seller shall be liable to the Buyer for a defect-free condition of the goods upon takeover. The Seller is in particular liable to ensure that at the time the Buyer takes over the goods:
i) the goods have the properties stipulated by the parties, and in the absence of such a stipulation such properties which the Seller or producer described, or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer,
ii) the goods are suitable to be used for the purpose stated by the Seller or to which the goods of such kind are usually used,
iii) the quality or design of the goods corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
iv) the goods have the appropriate quantity, measurement or weight and
v) the goods meet the requirements laid down by legal regulations.
In case that a defect manifests itself within six (6) months from the takeover, the goods shall be presumed to have already been defective upon the takeover.
If the goods lack the properties specified in point 7.2. hereof, the Buyer may require the supply of new goods without defects, unless it is disproportionate to the nature of the defect, but where the defect only concerns a component part of the goods, the Buyer may only request a replacement of that component part; if it is impossible, he/she may withdraw from the contract. If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously. Even where the defect is removable, the Buyer shall be entitled to have new goods supplied or a component part replaced if he/she cannot use the goods properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the contract. If the Buyer fails to withdraw from the contract or assert his/her right to have a new defect-free thing supplied, its component part replaced or the thing repaired, he may require a reasonable price reduction. The Buyer shall also have the right to a reasonable price reduction where the Seller cannot supply a new defect-free thing, replace a component part of the thing or repair it, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
With the exception of perishable goods or second-hand goods, the Seller shall be liable for defects that appear after the takeover during the warranty period (warranty).
The Buyer shall not have the right arising from a defective performance if, before the takeover of the thing, he/she has been aware that the thing has a defect, or if the defect has been caused by the Buyer.
The Buyer shall be entitled to assert the right resulting from defects of the goods that occur within twenty-four (24) months from the takeover. If the goods sold, the packaging, the instructions for use or commercials for the goods indicate the shelf life of the goods in agreement with other legal regulations, the provisions on the quality warranty shall apply (the quality warranty is the Seller´s assurance that the goods will be for a certain period of time capable of being used for the usual purpose or that the goods will retain the usual properties; indication of a warranty period or shelf life on the packaging or in a commercial shall have the same effect). The Buyer shall be entitled to compensation of costs reasonably expended while exercising the rights under this paragraph.
In case of a Buyer acting as an entrepreneur, who has stated this fact upon ordering the goods (e.g. by stating the Company Identification Number and/or Tax Registration Number) the provisions of points 7.2. to 7.6. hereof shall not apply and the Seller's liability for defects including the Seller´s liability under the warranty shall be governed by the applicable generally binding regulations, in particular, by provisions of s. 2158 et seq. of the NCC.
When a new thing is supplied, the Buyer shall return the originally supplied thing to the Seller at the Seller’s expense.
The guarantee period commences upon the delivery of the goods to the Buyer; if the goods were dispatched according to the contract, it commences when the thing reaches its destination specified in the purchase order.
If the Buyer finds defects of the goods, he/she must report these facts to the Seller in writing (letter, e-mail: firstname.lastname@example.org), by phone or in person, without undue delay. The Seller recommends the Buyer to proceed as follows: the Buyer shall attach a complaint (download the form here) together with a copy of the receipt proving the purchase to the address Internetová lékárna DocSimon, Krčská 1079/59, 140 00 Praha 4 by regular mail, alternatively the Buyer may deliver the claimed goods personally to any branch of the Seller. The Seller will not accept any cash on delivery items! The Seller will issue to the Buyer a written confirmation about the date of the complaint, the content of the complaint and the required method of the complaint settlement, by e-mail immediately after having received the complaint (in case that the complaint is submitted personally the confirmation will be provided immediately); further, the Seller shall provide a confirmation about the date and method of the complaint settlement, including a confirmation of a completed repair and duration of the complaint procedure or of reasons, for which the complaint has been rejected.
The Seller offers an information service provided by a pharmacist during specified working hours (on working days from 7:30 to 17:30); this information service is also used to collect and to communicate information about suspected adverse effects of medicinal products according to s. 85(2)(d) of the Act on Pharmaceuticals.
In case of suspected adverse effects or quality defects of any medicinal product, please, notify us to the address email@example.com or contact us by phone (+420) 241 400 829.
Withdrawal from the Contract
The Buyer, who is a consumer, shall be pursuant to s. 1829 (1) of the NCC entitled to withdraw from the contract without giving any reason and without any sanction, within 14 days. The time limit under the first sentence starts on the date following the date of:
i) takeover of the goods in case of a contract for sale; or
ii) takeover of the last supply of the goods, in case of a contract concerning several kinds of goods or the supply of several parts.
The period of notice for the withdrawal from the contract according to this paragraph shall be considered observed if the withdrawal notice is sent before the relevant period elapses.
A Buyer acting as a legal person and/or entrepreneur, who has stated this fact upon ordering the goods (e.g. by stating the Company Identification Number and/or Tax Registration Number) shall be entitled to withdraw from the contract only in cases specified by the generally binding legislation, in particular by the NCC.
In order to exercise the right to withdraw from the contract the Buyer must inform the Seller about this withdrawal by a notice to the address Internetová lékárna DocSimon, Krčská 1079/59, 140 00 Praha 4, to any branch of the Seller or to the e-mail address firstname.lastname@example.org, by a unilateral legal act (e.g. by a letter sent by a postal services provider or by electronic mail). A Buyer acting as a consumer may use a model form for the withdrawal from the contract, however, using this form is optional.
In case of exercising the right under paragraph 8.1. hereof the Buyer shall be obliged to send the goods received from the Seller without undue delay, not later than within fourteen (14) days from the date of withdrawal, to the address Internetová lékárna DocSimon, Krčská 1079/59, 140 00 Praha 4, or to hand the goods over to the Seller at any Seller's branch. The period shall be considered observed if the Buyer sends the goods back to the Seller before the term elapses. The Buyer shall bear direct costs related to returning the goods. The Seller may require the Buyer to cover only the costs specified in the NCC.
If the Buyer withdraws from the contract pursuant to point 8.1 hereof, the Seller will return to him/her without undue delay, not later than within fourteen (14) days from the date of receipt of the withdrawal from the contract, any financial funds including delivery costs received from the Seller on the basis of the contract for sale, using the same method of payment. The Seller shall use a different method of return payment only if this is approved by the Buyer and only if the Buyer incurs no additional costs due to such different method. If the Buyer has chosen other than the cheapest method of goods delivery offered by the Seller, the Seller shall refund the costs of goods delivery in the amount that corresponds to the cheapest offered method of goods delivery (however, the personal collection provided free of charge is not taken into account for this purpose). However, the Seller shall not be obliged to return the received funds to the Buyer until the Buyer hands the goods over to the Seller or proves that the goods have been dispatched to the Seller's address.
The Buyer acting as a consumer shall be liable to the Seller only for reduction in the value of goods caused by the handling of the goods in a manner other than that which is necessary for acquainting with their nature and properties. If the returned goods are damaged, worn or partly consumed otherwise in contrary to the previous sentence, the Seller shall be entitled to a compensation of such a loss from the Buyer. The claim to compensation of the loss may be unilaterally set off by the Seller against the Buyer´s claim for the return of the purchase price.
The Buyer acting as a consumer acknowledges that it is not possible to withdraw from the contract for sale for reasons indicated in s. 1837 of the NCC. Therefore, it is not possible, inter alia, to withdraw from a contract for sale and delivery of:
(i) goods, which were customised or personalised as indicated by the Buyer,
(ii) perishable goods, as well as goods which were irreversibly mixed with other goods after delivery,
(iii) sealed goods which have been unsealed by the consumer and which cannot be placed back into the packaging for hygienic reasons.
After receiving a withdrawal notice the Seller shall confirm the receipt without undue delay in writing and shall subsequently contact the Buyer by e-mail or phone in order to agree/confirm further procedure with the Buyer.
The Buyer acknowledges the fact that if any gifts are provided with the goods, which means also goods provided by the Seller to the Buyer for a price not exceeding 10 cent (€0.10) excl. VAT, the contract of donation between the Seller and the Buyer shall be concluded with a condition to the effect that if the Buyer exercises the right to withdraw from the contract pursuant to s. 1829 of the NCC, the contract of donation shall become ineffective and the Buyer shall be obliged to return the related gifts along with the returned goods because otherwise the Buyer would receive unjustified enrichment.
Order Cancellation by the Seller
A purchase order may be cancelled particularly in the case that the ordered goods are no more produced or delivered. The Seller undertakes to promptly contact in such case the Buyer by e-mail or by phone in order to agree further procedure (replacement of the ordered goods with other goods, cancellation of order etc.)
Protection of Personal Data
Personal data of the Buyer shall be considered confidential and shall be processed by the Seller only for the purposes of fulfilment of the Buyer´s order and for sending information and commercial messages to the Buyer.
Some data provided by the Buyer upon using the on-line shop may have the nature of personal data within the meaning of Act No. 101/2000 Coll., on Personal Data Protection, as amended (hereinafter ”APDP”). The Buyer hereby agrees that the Seller collect Buyer´s personal data provided in the order, process them and preserve the data, as the controller within the meaning of APDP. The Seller shall fully comply with APDP and shall make every effort to protect the personal data provided by the Buyer.
The Buyer is fully aware of the following facts:
The Buyer hereby gives his/her consent with collection, preserving and processing the provided personal data for an indefinite period of time. The Buyer also confirms that the provided personal data are accurate and correct and they have been provided voluntarily. The Buyer shall be obliged to inform the Seller without undue delay about any change in the provided data. The Seller may authorize a third person to process the Buyer´s personal data as the processor. The Buyer is aware that he/she can revoke the consent to the personal data processing at any time by a written notice delivered to the Seller. As long as the consent is in effect the Buyer have the right to obtain information about processing of the personal data he/she has provided, particularly to request Seller to provide explanations, to remedy the defective arisen state of affairs, including blocking, corrections, supplementing or liquidation of the personal data, and the right to submit a motion to the Office for Personal Data Protection. The Buyer shall be entitled to demand information about what personal data the Seller is processing with respect to him/her, within the extent established by the APDP. Such information shall be provided without undue delay for a reasonable fee not exceeding the costs necessary for provision of such information.
The Seller reserves the right to use the Buyer´s contact data to send information important for the full use of the provided products and services, in accordance with Act No. 480/2004 Coll., on Certain Information Society Services, as amended, and the Buyer hereby agrees with such use. Each Buyer shall be entitled to prohibit the Seller from sending such information at any time, by responding to any of the received messages.
We appreciate your confidence and we shall protect your private data from any abuse.
These Commercial Terms shall apply in the wording posted on the Seller´s website on the day of submitting the electronic order, unless the parties have agreed otherwise in writing.
By sending an electronic order the Buyer accepts without any reservations all provisions of these Commercial Terms, as amended, as at the date of the order, as well as the valid price of the ordered goods as at the date of the order (including any shipping and transport costs), as indicated in the price list on the website, unless the parties provably agree otherwise for this particular case.
Provided the relation associated with the use of the on-line shop or the legal relationship created by the contract for sale contains an international (foreign) element, the parties hereby agree that the relation shall be governed by the Czech law and that all disputes shall be resolved by Czech courts. This provision shall be without any prejudice to the consumer rights resulting from the generally binding legislation.
The contract for sale, including the Commercial Terms, shall be archived by the Seller in an electronic form and shall be confidential.
All time limits indicated herein shall start running on the day that follows the event decisive for the beginning of the relevant period (e.g. delivery of the goods, withdrawal from the contract etc.).
Within the meaning of s. 1826 (1) (e) of the NCC the Seller shall be bound by the Code of Ethics of the Czech Chamber of Pharmacists (available here) and by the Code of Ethics of Dr.Max.
Should any of the provisions hereof be/become invalid or ineffective, this shall be without any prejudice to the remaining provisions. Any changes or amendments to the contract for sale or these Commercial Terms must have a written form.
These Commercial Terms shall come into effect on 1 March 2016.
1. Right to Withdraw from the Contract
As a consumer you have the right to withdraw from this contract without giving any reason within 14 days.
You are entitled to withdraw from this contract without giving any reason within 14 days from the day following the date, on which:
a) you or a third party designated by you (other than the forwarder) take the goods over in case that a contract of sale has been concluded, or
b) you or a third party designated by you (other than the forwarder) take the last delivery of goods over in case that a contract covering several types of goods or delivery of several parts has been concluded.
In order to exercise the right to withdraw from this contract you shall be obliged to inform ČESKÁ LÉKÁRNA HOLDING, a.s., registered office Nové sady 996/25, Staré Brno, 602 00 Brno, Company Id. No: 285 11 298 Tax Reg. No: CZ28511298, registered in the Commercial Register with the Regional Court in Brno, Section B, File 6919, provided that the information shall be given to the address of Lékárna Dr.Max, Krčská 1079/59, 140 00 Praha 4, or to any branch of Dr.Max pharmacies (http://www.drmax.cz/lekarny) or to the e-mail address email@example.com, by a unilateral legal act (e.g. by a letter sent by a postal services provider or by electronic mail). You may use the attached model form for the withdrawal from the contract, however, using this form is optional.
The period of notice for the withdrawal from this contract shall be considered observed if the withdrawal notice is sent before the relevant period elapses.
2. Consequences of the Withdrawal from the Contract
If you withdraw from the contract, our company will return to you without any undue delay, not later than within 14 days from the date of receipt of your withdrawal from the contract, any financial funds including delivery costs received from you on the basis of this contract, using the same method of payment. A different method of return payment shall be used only if this is approved by you and only if you incur no additional costs due to such different method. If you have chosen other than the cheapest method of goods delivery offered by us, we shall refund the costs of goods delivery in the amount that corresponds to the cheapest offered method of goods delivery (however, the personal collection provided free of charge is not taken into account for this purpose). However, our company shall not be obliged to return the received funds to you until you hand the goods over to us or prove that the goods have been dispatched to our address.
a) Takeover of goods
Send the goods without an undue delay, not later than within 14 days from the date of withdrawal from this contract, to the address of Lékárna Dr.Max, Krčská 1079/59, 140 00 Praha 4 or deliver the goods to any branch of Dr.Max pharmacies (http://www.drmax.cz/lekarny); The period shall be considered observed if you send the goods back to our company before the term of 14 days elapses.
b) Costs of returning the goods
You shall bear direct costs related to returning the goods.
c) Liability for reduction in the value of returned goods
You shall be liable only for reduction in the value of goods caused by the handling of the goods in a manner other than necessary for acquainting with the nature and properties of the goods, including the functionality thereof.