General Terms & Conditions
of the company
D.I.C. MANUFACTURING SE
based in Washingtonova 1624/5, New Town (Prague 1), 110 00 Prague
Identification number: 24232416
DIČ: CZ 24232416
Registered in the Company Register under the city of Prague
For the sale of goods through an on-line store on the website www.diamondimmunity.com.
- GENERAL PROVISIONS
1.1. These Terms & Conditions (hereinafter referred to as „Terms & Conditions“) of the company D.I.C. MANUFACTURING SE, based in Washingtonova 1624/5, New Town (Prague 1), 110 00 Prague, identification number: 24232416, registered in the Company Register under the city of Prague (hereinafter referred to as the „Seller“) adjust mutual rights and obligations of contractual parties incurred in connection or based on the sales contract (hereinafter referred to as „Sales Contract“) closed between Seller and another natural person („hereinafter referred to as the „Buyer“) using a web store of Seller, in accordance with provision § 1751 paragraph 1 of Act No. 89/2012 Coll., in the Civil Code (hereinafter referred to as the „Civil Code“). The internet store is run on a webpage placed on the internet address www.diamondimmunity.com (hereinafter referred to as „Webpage“), using a webpage interface of the store (hereinafter referred to as „Web Interface“).
1.2. Terms & Conditions don’t apply to cases when a person, who intends to purchase goods from the Seller, is a legal person or a person who acts within the scope of his business activity or withing the scope of his profession, when ordering the goods.
1.3. Provisions deviating from the Terms & Conditions can be agreed upon in the Sales Contract. Deviating provisions in the Sales Contract supersede the provisions in Terms & Conditions.
1.4. Provisions of Terms & Conditions are an integral part of the Sales Contract. Sales Contract and Terms & Conditions are both in the English language. Sales contract can be closed in the English language.
1.5. Wording of Terms & Conditions can be changed or added to by Seller. This provision doesn’t affect the rights and obligations which have arisen during the validity period of the previous wording of Terms & Conditions.
- User Account
2.1. Based on the registration of the Buyer made on the Webpage, the Buyer can access his user interface. Using his user interface, Buyer can order goods (hereinafter referred to as „User Account“). In case the Web Interface allows it, the Buyer can also order goods without registering directly from the Web Interface.
2.2. When registering on the Webpage and ordering the goods, the Buyer is obliged to state all information correctly and truthfully. They Buyer is obliged to update all the information stated in the User Account, should any of it change. The information stated by the Buyer in the User Account and while ordering the goods are considered as correct by the Seller.
2.3. Access to User Account is secured by username and password. Buyer is obliged to maintain confidentiality regarding the information necessary to enter his User Account.
2.4. Buyer is not authorized to allow the use of his User Account to third parties.
2.5. Seller can delete a User Account in case it hasn’t been used for at least 363 days, or when the Buyer violates the obligations of the Sales Contract (including Terms & Conditions).
2.6. Buyer takes notice that the User Account doesn’t have to be available at all times, and that’s mainly with respect to necessary maintenances of hardware and software equipment of the Seller or necessary maintenances of hardware and software equipment of third parties.
- Conclusion of Sales Contract
3.1. All presentation of goods placed in the Web Interface is of informative character and the Seller is not obliged to conclude a Sales Contract regarding these goods. Provision § 1732 Coll. 2 of the Civil Code will not be used.
3.2. Web Interface of the store contains information regarding goods, including the prices of individual items. Prices of goods are stated including value-added tax and all related fees. Prices of goods remain valid for the time they are displayed in the Web Interface of the store. This provision doesn’t limit the chance of the Seller to conclude a Sales Contract with individually agreed terms.
3.3. Web Interface also contain information regarding the costs related to packing and delivery of the goods.
3.4. To order the goods, Buyer will fill in an order form in the Web Interface. Order form mainly contains information regarding:
3.4.1. ordered goods (Buyer will „insert“ the desired goods into an electronic shopping cart in Web Interface),
3.4.2. way of paying the purchase price of the goods, information regarding the desired way of delivery, and
3.4.3. information regarding the costs connected to delivery (hereinafter collectively referred to as „Order“).
3.5. Before an Order is sent to Seller, Buyer has a chance to double-check and change information he stated in it, even with regard to the possibility of Buyer to detect and fix mistakes incurred while filling the Order. Buyer will send the Order to Seller by clicking on the „send Order“ button. Information stated in Order are considered correct by Seller.
3.6. Sending the order is considered as such action of Buyer, that undoubtedly identifies ordered goods, purchase price, the buying person, way of paying the purchase price, and it’s a binding proposal of Sales Contract for the contractual sides. The condition of order validity is filling all the obligatory information in the order form, familiarization with these Terms & Conditions on the Webpage and a confirmation of Buyer that he had familiarized himself with them.
3.7. Upon receiving the order, Seller will confirm this receipt to Buyer by e-mail, to the email address of Buyer stated in Web Interface or in the order (hereinafter referred to as „Electronic Address of Buyer“).
3.8. Seller is always entitled, depending on the nature of Order (amount, total purchase price, assumed transportation costs), to ask Buyer for an additional verification of the order (e.g. written or over phone).
3.9. Proposal of Sales Contract in the form of an Order is valid for fifteen days. 3.10. Contractual relationship between Buyer and Seller begins by delivering the receipt of the order (acceptance), sent by Buyer to Seller via electronic mail, to the address of Buyer.
3.11. If some of the demands in Order can’t be met by Seller, he will send an adjusted offer to Buyer’s electronic address with possible options of the Order and will ask for Buyer’s statement.
3.12. Altered offer is considered a new Sales Contract proposal and this Sales Contract is in such case closed by the acceptation of Buyer via electronic mail.
3.13. Buyer agrees to using means of communication over long distances while closing Sales Contract. Costs incurred to Buyer while using means of communication over long distances related to closing the Sales Contract (internet connection costs, phone calls costs) are paid for by Buyer, while these costs are no different from basic rate.
- Price of Goods and Payment Terms
4.1. In accordance with the Sales Contract, Buyer can pay the price of goods and costs related to delivery of goods to Seller in the following ways:
With cash on delivery in the place stated by Buyer in Order;
With cashless transfer to the account of Seller 25717135/0300 with the company Czechoslovak Commercial Bank, PLC (hereinafter referred to as „Account of Seller“);
With cashless transfer using the GoPay payment system;
4.2. Along with the purchase price, Buyer is obliged to pay the costs related packing and delivery of the goods to the Seller in the agreed amount. If not stated otherwise, purchase price will hereinafter include costs related to delivery of goods. 4.3. Seller doesn’t require any down payment or any similar payment from Buyer. This doesn’t affect provision art. 4.6 of Terms & Conditions regarding the obligation to pay the purchase price in advance.
4.4. In case of a payment in cash, or cash on delivery, purchase price is due when receiving the goods. In case of a cashless payment, purchase price is due within 14 days from closing Purchase Contract.
4.5. In case of a cashless payment, Buyer is obliged to pay the purchase price along with stating the variable symbol of the payment. In case of a cashless payment, Buyer’s obligation to pay the purchase price is fulfilled once the corresponding amount is added to Seller’s account.
4.6. Seller is authorized, particularly in cases when Buyer doesn’t provide with an additional confirmation of an order (art. 3.8), to ask for the payment of purchase price before sending the order to Buyer. Provision § 2119, paragraph 1 of the Civil Code will not be used.
4.7. Possible discounts from the price of the goods provided by Seller to Buyer can’t mutually be combined.
4.8. If it’s common in business relations, or if it’s stated by general binding legislation, Seller will issue a tax document regarding payments based on the purchase price – an invoice. This tax document – invoice will be issued by Seller to Buyer after the purchase price has been paid for and will send it in electronic form to the Electronic Address of Buyer.
- Withdrawal from Contract
5.1. Buyer takes notice that according to provision § 1837 of the Civil Code, it’s not possible, among others, to withdraw from Sales Contract:
5.1.1. of goods delivery, the price of which depends on financial market fluctuations independent on the will of Seller, and which can happen during the period for withdrawal from contract,
5.1.2. of goods delivery, which have been adjusted according to the wishes of Buyer or for his person,
5.1.3. of goods delivery, which are perishable, same as goods, which have been irreversibly mixed with other goods,
5.1.4. of goods delivery in closed packaging, which the Buyer took out of their packaging and they cannot be put back due to hygienic reasons,
5.1.5. of digital content delivery, if it wasn’t delivered on a physical carrier and was delivered with a preceding expressive consent of Buyer before expiry of the time limit for contract withdrawal, and Seller, prior to closing the contract, notified Buyer that in such case, he has no right to withdraw from contract.
5.2. If it’s not the case stated in art. 5.1, or a different case when the contract cannot be withdrawn from, Buyer has the right to withdraw from Sales Contract, in accordance with provision § 1829, paragraph 1 of the Civil Code, within fourteen (14) days from receiving the goods, while in case the subject of Sales Contract contains several different types of goods or delivery or several parts, this time period starts with the day of delivery of the last item. Withdrawal from contract must be sent to Seller within the time period stated in the previous sentence.
5.3. To withdraw from Sales Contract, Buyer can use a sample form provided by Seller, which is an addendum to these Terms & Conditions. Buyer can send the withdrawal from contract directly to the address of business premises or the place of business of Seller. Delivery of contract withdrawal follows provision art. 11 of these Terms & Conditions.
5.4. In case of withdrawal from contract, following art. 5.2 of these Terms & Conditions, Sales Contract will be canceled from the start. Buyer must return the goods to Seller within fourteen (14) days of contract withdrawal. If Buyer withdraws from contract, he is responsible for the costs related to returning the goods to Seller, even in case the goods cannot be returned by regular mail, due to their nature.
5.5. In case of withdrawal from contract, following art. 5.2 of these Terms & Conditions, Seller will return finances received from Buyer within fourteen (14) days from contract withdrawal made by Buyer, in the same way these funds were originally received by Seller from Buyer. Seller is also authorized to return the funds provided by Buyer while returning the goods by Buyer or in a different way, if Buyer agrees with this fact and no further costs will arise to Buyer by doing so. If Buyer withdraws from the contract, Seller is not obliged to return the received funds to Buyer prior to receiving returned goods from Buyer or before proving that Buyer had already sent the goods to Seller.
5.6. Seller will unilaterally add the claim for compensation of damage on the goods against the claim of Buyer for the refund of purchase price.
5.7. Before Buyer assumes the goods, Seller has the right to withdraw from the contract. In such case, Seller will return the purchase price to Buyer without undue delay, in cashless form to the account stated by Buyer.
5.8. If there’s a gift provided along purchased goods, gift contract between Buyer and Seller is closed with a untying condition, that if Buyer chooses to withdraw from the contract, gift contract regarding such gift loses its effectiveness and Buyer is obliged to return the gift alongside the purchased goods.
- Transportation and Delivery of Goods
6.1. In case the mean of delivery is based on a special request of Buyer, he is responsible for the risks associated and will pay for any extra costs related to this mean of delivery.
6.2. If Seller is obliged, according to the Sales Contract, to deliver goods to a place specified by Buyer, Buyer is obliged to accept the goods on delivery.
6.3. In case reasons on Buyer’s side cause the goods to be delivered repeatedly or using different means than stated in Order, Buyer is obliged to pay all costs related to repeated delivery of the goods and/or the costs related to a different mean of delivery.
6.4. When accepting goods from the carrier, Buyer is obliged to check the integrity of received packages, and if any flaws are found, immediately report this to the carrier. If a package is breached and unauthorized package entry is suspected, Buyer doesn’t have to accept such package.
6.5. If goods are in stock, Order will be dispatched within 3 business days from accepting. Subsequent time of delivery isn’t guaranteed by us, but by the carrier Buyer chooses in his Order.
6.6. If ordered goods are not in stock, Seller undertakes to inform Buyer about this fact.
In such case, Buyer has the right to withdraw from contract.
- Rights from Defective Performance
7.1. Rights and obligations of contractual sides regarding the rights from defective performance are guided by corresponding general binding legal regulations (provisions § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code in particular).
7.2. Seller answers to Buyer that the goods have no defects on receipt. In particular, Seller answers to Buyer that in time Buyer receives the goods:
7.2.1. the goods have qualities both parties agreed on, and if an agreement is missing, they have qualities, Seller or manufacturer have described or which Buyer would expect with respect to the nature of purchased goods and based on advertising done by Seller or manufacturer,
7.2.2. the goods are suitable for the purpose they were meant for by Seller or the purpose such goods are usually used for,
7.2.3. the goods fit the quality and/or the agreed sample or model, if the quality or design were established based on a given sample or a model,
7.2.4. the goods are in corresponding amount, extent, or weight, and
7.2.5. the goods satisfy the requirements of legal provisions.
7.3. Provisions stated in art. 7.2 of these Terms & Conditions will not be used with goods sold for a lower price because of a defect which caused the lower price to be agreed on, on wear of the goods caused by their regular use, on appropriate extent of use and/or wear with used goods, on wear of the goods they had upon receipt, or if it arises from the nature of goods in question.
7.4. If a defect appears within six months from receipt, it is considered that the goods were defected during receipt.
7.5. Buyer will apply the rights from defective performance with Seller on the address of his business premises, where the acceptance of a complaint is possible with respect to range of sold goods, or alternatively in the place of business or main office. The moment of filing a complaint is considered to be the moment when Seller received claimed goods from Buyer.
7.6. Other rights and obligations of parties connected to responsibility of Seller for defects can be adjusted by the Complaints Procedure of Seller.
- Additional Rights and Obligations of Contractual Sides
8.1. Buyer acquires ownership of the goods by paying the full purchase price
8.2. Seller is not bound by any codes of conduct in relation to Buyer, in the sense of provision § 1826, paragraph 1 letter e) of the Civil Code.
8.3. Out-of-court dealing with consumer complaints or a possible dispute can be dealt with in an out-of-court manner with the help of supervision organ ČOI (Czech Trade Inspection), https://www.coi.cz/en/information-about-adr/.
8.4. Seller is entitled to sell products, based on trade permission. Trade control is done by a relevant trade office, within its scope. The supervision over personal data protection area is done by the Office for Personal Data Protection. Czech Trade Inspection, among other things, in a defined scope performs supervision over abiding the law No. 634/1992 Coll., of consumer protection, as later amended.
8.5. Buyer herewith takes over the danger of circumstances change in sense of § 1765, paragraph 2 of the Civil Code.
- Protection of Personal Data
- Proper and safe processing of personal data is very important for Seller. That’s why Seller pays attention to keeping all personal information acquired during its activities safe and process it in compliance with valid legal provisions. Regarding this matter, Seller would like to inform Buyer (including his assistants and/or responsible persons) about the processing of personal information and about all rights in relation to this processing in compliance with the regulation of the European Parliament and Council (EU) 2016/679 (hereinafter referred to as „Regulation“).
- Assistant and/or responsible person of Buyer (hereinafter referred to as „Subject of Information“) agrees to processing of the following information: (first name, last name, e-mail address, phone number, invoice and mailing address) (hereinafter referred to as „Personal Data“). Subject of Information agreed to processing of Personal Data by Seller, and that is for the purposes of realization of rights and obligations from the contract. Personal Data are fully secured against misuse, while Seller will not allow other personnel, apart from the processors specified in paragraph 9.3.13. of this article, to access this information.
- If Buyer and/or Subject of Information thinks some information regarding this matter is unclear, they can always have recourse to Seller, whether via phone or email.
- Seller as administrator of Personal Data
Personal data administrator is, according to relevant Regulation, a person who either alone or with other subjects sets the purpose and means for processing of personal data. Seller is the administrator of Personal Data, which he collects, handles, and carries responsibility for its safe and proper processing.
- Processed Personal Data
Seller processes only such Personal Data, which are necessary for proper fulfilling of the contract and compliance with his legal obligations.
- Seller processes mainly the following Personal Data categories:
- Address and identification information (mainly (first and last name, phone number, e-mail address))
- Purpose of Personal Data processing
- Processing based on contract
Seller processes Personal Information for the purposes of fulfilling this contract. Personal Data received from Subject of Information related to fulfilling the Contract are processed only to the extent needed for proper provision of Services by Seller.
- Processing based on justified interests
Seller can use Personal Data for sending newsletters informing about new services and/or news related to the contract, and alternatively for sending other business messages connected to activities of Seller. This processing is based on justified interest of Seller to inform Buyer about the news in a given area and to offer Buyer, based on present cooperation or interest in cooperation, his services.
- Length of Personal Information storage
Personal Data gathered within provision of Services are stored by Seller in compliance with legal regulations and with regard the length and duration of subjective and objective limitation periods according to the Civil Code, for a time of 10 years after ending provision of Services.
Once this storage time has passed, all Personal Data are safely destroyed.
- Rights of Subject of Information connected to processing of Personal Information
Based on a request Subject of Information can apply with Seller by e-mail on the address: (firstname.lastname@example.org), Subject on Information can exercise his rights resulting from Regulation (specified below). With the exception of processors, Personal Data won’t be further passed on to any third parties.
For purposes of identification and identity verification, Subject of Information is obliged to state at least his first name, last name, phone number, and e-mail address. Seller is authorized – based on the assessment of risk of detriment, possible in case of false identification – to verify the identity of Subject of Information in a different way, e.g. by sending a control e-mail/SMS with a request to answer to an e-mail address/phone number provided in the Contract, or with appeal to provide further information about Subject of Information.
- Right to file an objection
Subject of Information has the right to file an objection against processing of Personal Data, if this processing is done with the purpose of justified interests (e.g. in connection to sending informative newsletters or other business messages of Seller) or for purposes of carrying out a task in public interest or during the exercise of public power.
Subject of Information also has the right to file an objection against automated deciding.
- Right to access Personal Information
Subject of Information has the right to be told, whether are his Personal Data processed and if so, for what purpose is it processed, what categories of affected Personal Data are processed, who are the recipients or what are the recipient categories, what is the duration of storing Personal Data, what are the rights of Subject of Information, information about the possibility to file a complaint with the Office for Personal Data Protection, from what source did Seller receive Personal Data, whether there is an automated deciding happening including profiling, and further information and guarantees in case of provision of Personal Data to a third country. Subject of Information has the right to be provided with a copy of Personal Data.
- Right for repair
Subject of information has the right to repair inaccurate or missing Personal Data.
- Right to erasure
Subject of Information has the right to have his Personal Data erased, if the conditions set by valid legal regulations are fulfilled.
- Right to limit processing
In cases stated by valid legal regulations, Subject of Information has the right to have his Personal Data processed only for the most necessary legal reasons.
- Right to submit an initiative or a complaint to the Office for Personal Data Protection
Subject of Information has the right to contact the Office for Personal Data Protection anytime with his initiative or complaint, based in, Pplk. Sochora 27, 170 00 Prague 7, phone number +420 234 665 111, e-mail address: email@example.com, which is supervised by an organ in the area of personal data protection.
- Handing over personal data
Personal Data, processed by Seller, can be accessed by the following processors: seller of a remote server, seller of IT services, and an external accounting company. Handing over Personal Data to a third country and/or to an international organization doesn’t occur.
- Imposition of a charge on use of some of the aforementioned rights
All communication and statements ale provided gratuitously by Seller. If, however, a request of Subject of Information was obviously unreasonable or inappropriate, particularly if it was repeating, Seller is entitled to charge an appropriate fee for its handling.
- Sending of business communication and storing Cookies
10.1. Buyer agrees with receiving information regarding goods, services, or the business of Seller to the electronic address of Buyer, and further agrees with receiving business communication by Seller to the electronic address of Buyer.
10.2. Buyer agrees with storing of the so-called Cookies on his computer. In case making a purchase on Webpage is possible and the obligations of Seller resulting from Sales Contract can be fulfilled without storing Cookies on the computer of Buyer, Buyer can anytime retract this consent, in accordance with the previous sentence.
11.1. If the ordered goods are in stock, delivery time is usually within 5 business days, depending on the chosen carrier. If the ordered goods are not in stock, delivery time is 30 days from the acceptance of order.
11.2. Notices regarding the relations of Seller and Buyer, in particular regarding withdrawal from contract, have to be delivered by recorded delivery mail, if Sales Contract doesn’t state otherwise. Notices are delivered to a corresponding contact address and are considered delivered and effective by the moment of delivery by mail, with the exception of notice of contract withdrawal made by Buyer, where the withdrawal is effective, if the notice is sent by Buyer in the period for withdrawal.
11.3. Even notice, the receipt of which was refused by the recipient, was not picked up in storage time, or which returned as undeliverable, is considered delivered.
11.4. Contractual sides can mutually deliver regular conversation via electronic mail, to the electronic mail address stated in the User Account of Buyer or stated by Buyer in the order, and to the address stated on Webpage of Seller.
- Final Provisions
12.1. If a relation based on Sales Contract contains international (foreign) element, then both parties agree that the relation will be guided by Czech law. This doesn’t affect consumer rights originating from general binding legal regulations.
12.2. If a certain provision of Terms & Conditions is invalid on ineffective, or becomes such, instead of invalid provisions, provisions with the closest sense to the invalid ones will come in effect. Invalidity or ineffectiveness of one provision doesn’t affect the validity of other provisions. Changes and additions to Sales Contract or Terms & Conditions require written form.
12.3. Sales Contract, including Terms & Conditions, is stored by Seller in electronic form, and is not accessible.
12.4. Annex of Terms & Conditions is made of a sample form for withdrawal from contract.
12.5. Contact information of Seller: address for delivery Washingtonova 1624/5, New Town (Prague 1), 110 00 Prague, electronic mail address firstname.lastname@example.org
In Prague on 5.3.2020
Sample form from withdrawal from contract (DOWNLOAD)