Business terms
Business terms and conditions
General terms and conditions
Introduction
The General Terms and Conditions (hereinafter referred to as the "GTC") govern the provision and use of GUMIEX, a physical business entity of Tereza Pechová, with its registered office at Školská no. 689/ 20, 110 00 - Prague 1, ID: 04568559 (hereinafter referred to as "GUMIEX"). The GTC regulate the relationship between GUMIEX and the person interested in the provided services or the client (hereinafter referred to collectively as the "client") who uses the services and products of GUMIEX (hereinafter referred to as the "service" or "services").
Phone number: +420 724 397 608
Email: sales@gumiex.com
1. INTRODUCTORY PROVISIONS
1.1 Summary of the contents of the terms and conditions
With the purchase contract, we undertake to supply you with the goods specified in the order, and you undertake to take over these goods and pay us the purchase price. In order to conclude a contract, you need to place an order and for it to be accepted by us (according to Article 2). Information about prices can be found in article 3. Possible methods of payment and delivery can be found in articles 4 and 5. Information about the possibility of withdrawal from the contract after receiving the goods is in article 6. Complaints are governed by our Complaints Procedure for consumers.
1.2. What goods are sold on the e-shop?
The goods sold on the web interface are technologies intended for fitness and food intended for special nutrition (dietary supplements) and other similar goods listed on the web interface. None of the products located on the web interface is a medicine or medicinal product within the meaning of Act No. 378/2007 Coll., Act on Medicines, as amended. The product, which is food intended for special nutrition, is intended as a supplement to a varied and balanced diet.
1.3. Is this a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection according to legal regulations and these terms and conditions. In such a case, the legal relations between us are governed by the General Terms and Conditions for Entrepreneurs and Legal Entities.
1.4. What governs our mutual rights and obligations?
First of all, the contract, which consists of the following documents:
by these terms and conditions, which define our mutual rights and obligations;
Complaints procedure for consumers, according to which we will proceed when complaining about goods;
The privacy policy, which governs the protection of your personal data;
the conditions and instructions given on the web interface, especially when concluding the contract;
the order and its acceptance by us,
and in matters not regulated by the contract, our mutual rights and obligations are governed by the Czech legal system, in particular by the following legal regulations:
- by Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code");
- by Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your place of residence or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the legal system of your country of residence provides a higher level of consumer protection than the Czech legal system, then this higher level of protection is provided to you
1.5. How do you agree to the terms and conditions?
By sending the order and also confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
1.6. What else should you know about terms and conditions?
In the event that any provision of these terms and conditions is invalid, ineffective or unapplicable (or becomes so), the provision that is closest in meaning to it will be used instead. This does not affect the validity of the other provisions. We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they came into effect. Business conditions can only be changed or supplemented in writing.
2. PURCHASE AGREEMENT
2.1. How do we conclude a purchase contract?
In order to conclude a contract, it is necessary that you send an order in accordance with these terms and conditions and that this order is accepted by us. Please note that the presentation of goods on the web interface is of an informative nature and is not our proposal to conclude a contract in the sense of § 1732, paragraph 2 of the Civil Code.
2.2. How to place an order?
You can always place an order through the web interface (by filling out a form) or in another way (for example, social networks - Instagram), which we allow according to the information on the web interface. The order must contain all the information prescribed in the form.
Before submitting your order via the order form, you will be informed of the order recap including the final price (including all taxes, duties and fees). As part of the recap, you have the last chance to change the entered data.
You place a binding order by pressing the "COMPLETE ORDER" button. We consider the data provided in the binding order to be correct and complete. Inform us about their change without delay by phone or e-mail.
2.3. Can you cancel or change an order that has already been sent?
You can cancel or change an order that we have not yet accepted by phone or e‑mail. All orders accepted by us are binding. Later cancellations or changes to the order are only possible after agreement with us. If an order for goods is canceled in this way, in respect of which it is not possible to withdraw from the contract (more details in Article 6), we are entitled to compensation for the costs that we have already incurred in connection with the contract.
2.4. How will you find out that we have accepted the order and when is the contract concluded?
We will inform you when the order is received. Information about the receipt of the order is sent automatically and at the same time it is an acceptance of the order by us. The purchase contract is concluded when you receive the order acceptance from us to the e-mail address you specified in the order. Should the order not be accepted, the contract is concluded the moment you take over the ordered goods.
2.5. Is it possible to get a contract in text form?
The documents forming the contract will be sent to you by e‑mail or printed by post at your request. When sending by post, we may ask you to pay the costs associated with it.
We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.
3. PRICE
3.1. Can the price change on the web interface?
If the price indicated for the goods on the web interface or during ordering is no longer current, we will notify you of this fact immediately. However, accepted orders are not affected by a price change that occurred between the time the order was sent and its acceptance by us.
In the event that an obvious technical error occurred on our side when specifying the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price.
3.2. Can product price discounts be combined?
Any discounts on the price of goods cannot be combined with each other, unless something else is explicitly stated on the web interface.
4. PAYMENT TERMS
4.1. What payment methods do we accept?
You can pay the purchase price mainly in the following ways:
in cash when sending goods on cash on delivery or when collecting in person;
cashless before the delivery of the goods by transfer to our bank account (instructions will be given to you in the order confirmation)
Possible other payment methods and possible fees associated with some payment methods are listed on the web interface.
4.2. When is the purchase price due?
In the case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receiving the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price when due, we reserve the right to withdraw from the contract.
4.3. Can we ask for a deposit or advance payment?
Please note that in accordance with § 2119 paragraph 1 of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before sending or handing them over.
4.4. How do we issue receipts in connection with electronic sales records and tax receipts?
By agreeing to these terms and conditions, you give us your consent to issue a receipt in accordance with Act No. 112/2016 Coll., on the registration of sales, as amended, and a tax document in electronic form.
5. DELIVERY TERMS
5.1. How do we ship the goods?
The methods of delivery of the goods, including the amount of costs for the delivery of the goods, are listed on the web interface. You can choose the specific method of delivery of the goods in the order.
The order will always include the final price, which already includes the costs of the selected transport method.
5.2. When will we deliver the goods to you?
The delivery time of the goods always depends on its availability and on the chosen method of transport and payment. However, we cannot influence the delivery time of goods by external carriers. In case of problems regarding the delivery time, contact us and we will solve the situation with the carrier.
We usually ship goods that are in stock within two working days of receiving the order (in the case of sending the goods on cash on delivery or in case of personal collection), or from crediting the payment to our account (in the case of non-cash payment).
Items that are not in stock will be shipped as soon as possible. We will inform you about the exact date.
Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this fact is not considered a failure to fulfill the obligation to deliver the goods on our part, nor a withdrawal from the contract on your part.
You acquire ownership of the goods upon payment of the entire purchase price.
5.3. How to proceed when receiving the goods?
When receiving the goods, check that the packaging of the goods is intact. If you discover deficiencies, inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, it is not considered an unjustified refusal of the goods. The moment you take over the goods (or the moment you had the obligation to take over the goods, but you did not do so in violation of the contract), responsibility for accidental destruction, damage or loss of the goods passes to you.
5.4. What happens if you do not receive the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than agreed, you are obliged to pay the costs associated with such delivery.
In the event that you do not accept the goods without reason, we are entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs that we incur due to the non-acceptance of the goods.
In the case of payment in cash when sending the goods on delivery or in case of personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed with the self-help sale of the goods according to § 2126 of the Civil Code
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT
6.1 How can you withdraw from the contract?
As a consumer, you can withdraw from the purchase contract without giving a reason within 14 days from the day of receipt of the goods; if the delivery is divided into several parts, from the date of acceptance of the last delivery. We recommend that you send the notice of withdrawal from the purchase contract to our delivery address together with the goods or to e-mail and immediately after that send the goods to our delivery address.
6.2 What are the consequences of withdrawing from the contract?
By withdrawing from the contract, the contract is canceled from the beginning and is viewed as if it had not been concluded. If a gift was given to you together with the goods with your consent, the gift contract loses its effectiveness if either party withdraws from the contract. Send the gift back to us together with the returned goods.
6.3 How do you return the goods to us?
You must return the goods to us within 14 days of withdrawing from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send the goods on cash on delivery, we are not obliged to accept them in this way.
We recommend that you include the following with the returned goods: a copy of the delivery note and invoice (if issued) or other document proving the purchase of the goods;
a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund.
Failure to submit any of the above-mentioned documents does not prevent the positive processing of your withdrawal from the contract according to the legal conditions.
6.4 When will you get your money back?
We will return all monies received to you within 25 days of withdrawal from the contract. However, please note that we are not obliged to refund you until you return the goods to us or prove that you have sent the goods to us. In addition to the purchase price, you are also entitled to a refund of the costs of delivering the goods to you. However, if you have chosen a different delivery method than the cheapest one offered by us, we will refund you the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered.
We will return the money to you in the same way in which we received it (if you do not tell us otherwise within ten days of withdrawing from the contract and you do not incur any additional costs) or in the way you request.
You will pay the costs of sending the returned goods to our address, even if the goods cannot be returned by normal post due to their nature.
6.5 What if the returned goods were damaged?
When sending, pack the goods in suitable packaging so that they are not damaged or destroyed.
If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you are liable to us for this decrease in the value of the goods.
6.6 When can the contract be withdrawn?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from, among others, the following contracts:
about the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
about the delivery of goods in closed packaging, which you have removed from the packaging and for hygienic reasons it is not possible to return it;
6.7 When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
we have not received the purchase price from you when due or you have not taken delivery of the goods;
the goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) cannot be delivered under the original conditions;
fulfillment becomes objectively impossible or illegal.
In the event that any of the above-mentioned facts occur, we will immediately inform you of our withdrawal from the contract.
If you have already paid the purchase price in whole or in part, we will return the amount received to you within five days of withdrawal from the contract, by cashless transfer to the account that you inform us for this purpose or from which you made the payment.
7. DEFECTIVE PERFORMANCE RIGHTS
Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising rights from defective performance, we will proceed in accordance with our Complaints Regulations for consumers.
8. ADDITIONAL INFORMATION FOR CONSUMERS
8.1 What authorizations do we have to carry out our business?
We are authorized to sell goods on the basis of a trade license. Our activity is not subject to any other authorization.
8.2 How do we deal with complaints?
We handle any complaints via our contact email.
8.3 What are your rights in the event of a consumer dispute?
If you are a consumer and if a contract dispute arises between us that we cannot resolve directly, you have the right to contact the Czech Trade Inspection Authority (address: Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.adr.coi.cz; phone: +420 296 366 360) or the Czech Consumers' Association (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You can exercise this right no later than 1 year from the day you first exercised the right that is the subject of this consumer dispute with us. You can also use the online platform established by the European Commission at: https://ec.europa.eu/consumers/ odr/.
8.4 How do I get information about possible allergens and other information about the goods?
The provision of information on goods is governed by Regulation No. 1169/2011 of the European Parliament and of the Council on the provision of information on food to consumers (the "Regulation").
Basic information about storage and consumption is available on the web interface. The full wording of the information about the products according to the regulation will be presented to you on request at the establishment or when importing the goods. We will also provide you with information based on your telephone request.
9. WEBSITE REGISTRATION and BENEFITS
9.1 How can you register on the web interface?
A user account is established by registering via the registration form on the web interface. Keep your user account access information confidential. We are not responsible for any misuse of the user account by a third party.
The information provided during registration must be true and complete. We may cancel an account that was created using false or incomplete information without compensation. In case of changes in your data, we recommend that you edit them immediately in your user account.
9.2 What is a user account for?
Through the user account, you can primarily order goods, track orders and manage the user account. Any additional functions of the user account are always listed on the web interface.
9.3 When can we cancel your user account?
Please note that we have the right to terminate your user account without compensation if your account violates good morals, applicable laws or these terms and conditions.
9.4 What benefits can be obtained after creating a user account?
Every registered customer who does not buy wholesale or as a club/athlete will receive a financial benefit for each purchase to his user account, the so-called "cashback". Rewards may change at any time at the discretion of the website operator. The current table with an overview of obtaining all possible available bonuses is recorded under this link
9.5 Until when are the received benefits valid?
All savings are valid for an unlimited period of time only when the customer makes regular purchases. If the customer does not place an order within 6 months of the last purchase and has any amount saved in his customer account, he will be informed twice in advance via email about the expiration of the saved amount. If the customer places an order within this period, the validity is automatically extended by another 6 months. This applies to every order placed. If the customer does not place the order within the given period, all accumulated benefits will be canceled from the account.
10. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
10.1 Is the website content copyrighted?
The content of the web pages located on the web interface (texts including terms and conditions, photos, images, logos, software and others) is protected by our copyright or the rights of other persons. You may not modify, copy, reproduce, distribute or use the Content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to make photos and texts available on the web interface free of charge or for a fee.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
10.2 Responsibility and Use of the Web Interface
We are not responsible for errors arising as a result of interventions by third parties in the web interface or as a result of its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the function of the system or place an unreasonable load on the system.
If you commit any illegal or unethical behavior while using the web interface, we are entitled to limit, suspend or terminate your access to the web interface without any compensation. In this case, you are also obliged to pay us the full amount of damage that can be proven caused by your actions in accordance with this paragraph.
Please note that clicking on some links on the web interface may leave the web interface and redirect you to the websites of third parties.
These terms and conditions are valid and effective from 1 January 2024