1. SELLER INFORMATION
Trade Company: LION RITTER s.r.o.
Address: Radlická 112/22, 155 00 Praha 5, Czech Republic
Correspondence Address: LION RITTER S.R.O., P.O. BOX 15, 150 00 Praha 5, Czech Republic
Company Identification Number (ID): 247 72 097
VAT Identification Number (VAT): CZ24772097
Website: www.diabetes5.com
2. GENERAL CONDITIONS
2.1. These Purchase Terms (hereinafter “Conditions”) govern the rights and obligations between the trade company LION RITTER s.r.o., registered in the Commercial Register, managed by the Prague Commercial Court, Section C173049 (hereinafter “Seller”) and any physical or legal entity (hereinafter “Buyer”) who enters into a purchase contract through the Seller’s online store. The Seller’s online store is available at www.diabetes5.com.
2.2. The Conditions define the rights and obligations of the Parties using the Seller’s website, located at www.diabetes5.com (hereinafter “Service”), as well as other aspects of the legal relationship.
2.3. Conditions not specified in these Conditions may be established by a separate purchase contract. The conditions set forth in the purchase contract take precedence over these Conditions.
2.4. These Conditions are an integral part of the Agreement. Both the Conditions and the Agreement are prepared in Polish.
2.5. The Seller may modify or supplement these Conditions. The current version of the document does not affect the rights and obligations of the Parties that arose under the previous version of the document.
3. PERSONAL ACCOUNT
3.1. The Buyer, upon registering on the Service, gains access to their personal account on the Service (hereinafter “Personal Account”). Once registered, the Buyer can make purchases through the Service. The Service also allows for purchasing without registration.
3.2. In case of purchasing without registration, the Buyer will automatically be registered on the website, and a confirmation with a link to create a personal password will be sent to the Buyer’s email address.
3.3. When registering on the Service and placing an order, the Buyer agrees to provide accurate and truthful data. The Buyer also agrees to update their Personal Account data if it changes. The data provided by the Buyer in the Personal Account and during the order process are considered accurate by the Seller.
3.4. Access to the Buyer’s Personal Account is granted using a username and password. The Buyer agrees to keep this information confidential and understands that the Seller is not responsible for any failure to comply with this obligation.
3.5. The Buyer is not obligated to share their Personal Account access with third parties.
3.6. The Seller may remove a registered Buyer, particularly if the Buyer has not used their Personal Account for an extended period or has failed to fulfill their obligations under the Agreement, including these Conditions.
3.7. The Buyer understands that the Personal Account may not be available at all times, especially during maintenance of servers or software by the Seller or third parties.
4. FORMATION OF THE AGREEMENT
4.1. The Service offers a list of goods available for sale, including their prices. All prices on the Service include value-added tax (VAT) applicable in the Czech Republic. VAT does not apply if the Buyer is a business registered for VAT in Poland. The product list and prices are valid as long as they are displayed on the Service. This provision does not limit the Seller’s ability to form an agreement based on individual terms. The Seller is not obligated to conclude an Agreement based on the product information presented in the Service.
4.2. The website also provides information on delivery costs to the end customer. Delivery costs may vary depending on the Buyer’s location.
4.3. The Seller’s website does not include information on potential customs duties and taxes the Buyer may need to pay upon receiving goods in their country.
4.4. To purchase goods, the Buyer must submit an order through the Service, which should include:
- The ordered goods (items selected will fit into the Service’s online cart system).
- The payment method and currency.
- The delivery method and costs (collectively referred to as the “Order”).
4.5. Before submitting the order, the Buyer will have the opportunity to check and, if necessary, correct the data submitted in the order. The Buyer submits the order by clicking the “Submit Order” link. The data provided by the Buyer in the Order are considered accurate by the Seller. Upon receiving the Buyer’s Order, the Seller promptly confirms its receipt via email to the address provided in the Order or the Buyer’s Personal Account (hereinafter “Email Address”).
4.6. Depending on the nature of the Order (quantity of goods, price, anticipated delivery costs), the Seller may request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).
4.7. The Agreement between the Seller and the Buyer is considered concluded after the Buyer submits the Order and receives the corresponding electronic confirmation.
4.8. The Buyer understands that the Seller is not obligated to conclude the Agreement, especially with individuals who have previously seriously violated the terms of the Agreement (including these Conditions).
4.9. The Buyer agrees to use electronic communication to conclude the Agreement. Any costs incurred by the Buyer for electronic communication (internet and phone calls) to conclude the Agreement are the responsibility of the Buyer.
5. PRODUCT PRICES AND PAYMENT TERMS
5.1. All prices listed on the Service exclude value-added tax (VAT), which may be applied in the destination country. The prices apply to the sale and delivery of goods to other countries.
5.2. The Buyer can pay for goods and delivery costs under the Agreement by the following methods:
— Bank transfer to the Seller’s bank account (the Buyer must request the Seller to issue an invoice for the Order).
— Using VISA, MASTERCARD, MAESTRO payment cards through the Seller’s Service.
5.3. In addition to the price of the goods, the Buyer is responsible for any bank or third-party charges associated with the transfer.
5.4. In addition to the price of the goods, the Buyer must pay for delivery costs. Unless otherwise agreed, the price of goods includes the cost of the goods with delivery charges.
5.5. The price of the goods on the Service is listed in USD or EUR.
6. RIGHT OF WITHDRAWAL
6.1. The Buyer is aware that the right of withdrawal does not apply to goods modified or altered by the Buyer, perishable goods, goods with a limited expiration date, goods with a short shelf life, and medical products whose sterile packaging has been tampered with by the Buyer.
6.2. Unless it concerns the goods referred to in Section 6.1 or any other case where withdrawal is impossible, the Buyer has the right to withdraw from the contract within 14 days from the receipt of the goods, but no later than 21 days from the transfer of ownership of the goods from the Seller to the Buyer. The request for withdrawal must be delivered to the Seller within 14 days of receipt of the goods, but no later than 21 days from the transfer of ownership to the Seller’s postal address or email.
6.3. If the Buyer withdraws from the Agreement as per Section 6.2, the Agreement is fully terminated. The goods must be returned to the Seller within 5 business days from the day the withdrawal request is submitted. The Buyer is responsible for the costs of returning the goods to the Seller. In case of failure to comply with this, the Seller may impose a penalty of 250 (two hundred and fifty) Czech crowns per day of delay. The penalty cannot exceed the sales price of the returned product. The goods must be returned in an undamaged and unused condition, in the original packaging.
6.4. Within 10 days of receiving the returned goods, the Seller must inspect the goods, particularly for any damage or signs of use.
6.5. If the Buyer withdraws from the Agreement according to Section 6.2, the Seller will refund the price of the returned goods (excluding the delivery costs) within 10 days from the completion of the goods inspection, as per Section 6.4. The refund will be made: by bank transfer to the Buyer’s account (if the goods were paid for by bank transfer to the Seller) or by transfer to the Buyer’s bank card (if the goods were paid by credit card via the Seller’s online payment terminal).
6.6. The Buyer acknowledges that if the returned goods are damaged, used, or partially used, the Seller is entitled to claim compensation for the damages caused by the Buyer’s handling of the goods. The Seller may deduct such compensation from the value of the returned goods. The Seller may also deduct the penalty amount according to Section 6.3.
7. DELIVERY OF GOODS
7.1. Unless otherwise specified in the Agreement, the Seller reserves the right to decide on the delivery method. If the Buyer chooses the delivery method based on their preferences, the risk and additional costs associated with the chosen delivery method are borne by the Buyer.
7.2. When placing the order, the Buyer can select one of the available delivery methods:
7.2.1. Delivery via Czech Post service.
7.2.2. Delivery via DHL express service (in some cases).
7.2.3. Delivery via DPD or Packeta service (in some cases).
7.3. If the Buyer refuses to accept the goods from the carrier for any reason, the Buyer agrees to cover all storage and potential return costs to the Seller.
7.4. The delivery time typically ranges from 5 to 10 days.
8. DELAYS, WARRANTIES
8.1. The rights and obligations of the Parties regarding liability for defects, including warranty liability, are governed by the Civil Code of the Czech Republic.
8.2. The Seller guarantees that the goods sold under the Agreement are suitable and free of defects. Conformity with the agreement means that the goods meet the quality and characteristics described in the Agreement, as outlined by the Seller, manufacturer, or their representative, and are fit for the intended use as described by the Seller.
8.3. If the Buyer discovers that the goods do not conform to the Agreement upon receipt, they are entitled to receive goods conforming to the Agreement, or to replace or repair the defective goods. If this is not possible, the Buyer can request a reduction in the price of the goods or cancel the Agreement. This provision does not apply if the Buyer was aware of the non-conformity before receiving the goods or if the non-conformity was caused by the Buyer or the carrier.
8.4. The warranty does not apply to single-use medical devices.
8.5. To submit a warranty claim, the Buyer must complete a request form with a description of the issue and send it to the Seller by email or mail.
8.6. The Seller’s warranty obligations are fulfilled at its registered office. All costs of transporting goods to and from the warranty service location are borne by the Buyer.
8.7. If the Buyer finds that the shipping package is damaged upon receipt of the goods, the package must be opened in front of the postal or messenger staff, and the contents checked. A protocol must be made, and, if possible, a photo or video should be taken.
8.8. Upon receiving the goods, the Buyer must check the contents. If some items are missing, a photo or video must be taken of the opened package and its contents, and the total weight of the goods should be noted. The Buyer agrees to report the missing goods within 24 hours of receiving the shipment.
9. OTHER PARTY OBLIGATIONS
9.1. Ownership of the goods passes to the Buyer when payment for the goods is made.
9.2. The Buyer understands that all software and other components of the online store (including product images) are protected by copyright. The Buyer agrees not to perform any actions that would allow themselves or third parties to unlawfully access or use the software or other parts of the online store.
9.3. The Buyer may not use any mechanisms, software, or other tools that could negatively affect the operation of the online store. The online store may only be used in a manner that does not harm other Buyers and is used for its intended purpose.
9.4. The Buyer understands that the Seller is not responsible for any errors arising from third-party interference in the operation of the online store or from the misuse of the online store for inappropriate purposes.
10. PERSONAL DATA PROTECTION AND COMMERCIAL INFORMATION
10.1. Information regarding personal data protection is provided via this link.
11. CORRESPONDENCE
11.1. Unless otherwise agreed, all correspondence related to the Agreement must be submitted in writing to the other Party, i.e., by email, in person, or by registered letter via postal service.
11.2. A notice is considered delivered:
11.2.1. In the case of an email – when it is received in the recipient’s email server; the integrity of emails can be ensured by certification.
11.2.2. In the case of personal delivery or postal delivery, when the recipient receives the shipment.
11.2.3. In the case of personal delivery or postal delivery, if the recipient (or the person authorized to receive the shipment on behalf of the recipient) refuses to accept the shipment.
11.2.4. In the case of postal delivery, also if 10 days have passed since the shipment was received at the post office and the recipient was notified to pick it up, or if the recipient was not informed about the shipment.
12. CONSUMER DISPUTE RESOLUTION
12.1. If a consumer dispute arises between the Seller and the Buyer under the Agreement that cannot be resolved by agreement, the Buyer has the right to contact the competent authority responsible for resolving such disputes, which is:
Czech Trade Inspection (Česká obchodní inspekce)
Main Inspectorate – ADR Section
Štěpánská 15
120 00 Prague 2
Czech Republic
Email: adr@coi.cz
Website: adr.coi.cz
13. FINAL PROVISIONS
13.1. If the relationship between the Seller and the Buyer related to the use of the Service has an international nature, this relationship is governed by the laws of the Czech Republic. This does not affect the rights of the consumer as provided by applicable law.
13.2. The Seller undertakes to sell goods under a business license issued by the competent supervisory authority.
13.3. If any provision of these Conditions is or becomes invalid, the closest valid provisions will apply in its place. If any provision is invalid, it does not affect the other provisions of these Conditions. Any changes or additions to the Agreement or these Conditions must be made in writing.
13.4. The Agreement with the Purchase Terms is archived electronically by the Seller and is not available.
13.5. The Seller’s contact information for correspondence: LION RITTER S.R.O., P.O. BOX 15, 150 00 Prague 5, Czech Republic, email: info@diabetes5.com
Prague, May 30, 2021.
