Terms and Conditions
TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as "terms and conditions") of the company Ensana s.r.o., with its registered office at Na příkopě 392/9, Staré Město, 110 00 Prague 1, ID No: 05456274, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 326275 (hereinafter referred to as the "seller"), regulate, in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address https://www.ensana.shop/ (hereinafter referred to as the "website"), through the website's interface (hereinafter referred to as the "web interface of the store").
1.2 The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activities or in the independent exercise of their profession when ordering goods.
1.3 Provisions deviating from the terms and conditions may be agreed upon in the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5 The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1 Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows, the buyer can also order goods without registration directly from the web interface of the store.
2.2 When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4 The buyer is not entitled to allow third parties to use the user account.
2.5 The seller may cancel the user account, especially if the buyer does not use their user account for more than 1 year, or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).
2.6 The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1 The conclusion of the purchase agreement takes place through the web interface of the store.
3.2 All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase agreement regarding these goods. The provision of § 1732 para. 2 of the Civil Code shall not apply.
3.3 The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value-added tax and all related fees. The prices of goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3.4 The web interface of the store also contains information about the costs associated with the packaging and delivery (transport) of the goods.
3.5 To order goods, the buyer fills in the order form in the web interface of the store. The order form mainly contains information about:
(a) the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store),
(b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
(c) information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.6 Orders can be created at any time, except in situations where the web interface of the store is shut down; the seller is not liable for damages caused by the shutdown of the web interface.
3.7 Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, also with regard to the buyer's ability to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "Order with obligation to pay" button. The data provided in the order are considered correct by the seller. The seller will immediately confirm the receipt of the order to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
3.8 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9 The contractual relationship between the seller and the buyer arises upon delivery of the order confirmation (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
3.10 Subsequent changes to the order are possible only by mutual agreement, or under the conditions stipulated by law or these terms and conditions.
3.11 The buyer agrees to the use of means of distance communication when concluding the purchase agreement. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller in the following ways:
(a) in cash at the place of order pickup;
(b) in cash on delivery at the place specified by the buyer in the order;
(c) by non-cash transfer to the seller's account communicated after the conclusion of the purchase agreement (hereinafter referred to as the "seller's account");
(d) by non-cash payment card.1
4.2 Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price a2lso includes the costs associated with the delivery of the goods.
4.3 The seller does not require a deposit or other similar payment from the buyer. This does not affect the provision of Art. 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.3
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the cas4e of a non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase agreement.
4.5 In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6 The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Art. 3.8), to demand payment of the full purchase price before sending the goods to the buyer. The provision of § 2119 para. 1 of the Civil Code shall not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8 If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice to the buyer regarding payments made on the basis of the purchase agreement. The seller is a payer of value-added tax. The seller will issue the tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's e-mail address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1 The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase agreement for the supply of goods that have been modified according to the buyer's wishes or for his person, from a purchase agreement for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase agreement for the supply of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygienic reasons, and from a purchase agreement for the supply of an audio or video recording or a computer program if their original packaging has been breached.
5.2 Unless it is a case referred to in Art. 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 para. 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, whereas if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase agreement, the buyer may use the model form provided by the seller, which is an annex to the terms and conditions. The buyer may send the withdrawal from the purchase agreement, among other things, to the address of the seller's registered office or to the seller's e-mail address info@ensanahotels.com.
5.3 In the event of withdrawal from the purchase agreement pursuant to Art. 5.2 of the terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by their nature by the usual postal route.5
5.4 In the event of withdrawal from the purchase agreement pursuant t6o Art. 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5 The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6 In cases where the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 para. 1 of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any7 time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue de8lay, by non-cash transfer to the account specified by the buyer.
5.7 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift ceases to be effective and the buyer is obliged to return the provided gift to the seller along with the goods.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1 In the event that the mode of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If the seller is obliged under the purchase agreement to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
6.4 When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, to notify the carrier immediately. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5 Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE11
7.1 The rights and obligations of the contracting parties regarding the right12s from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amen13ded).
7.2 The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that the item:
(a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,
(b) is suitable for the purpose for which the buyer requires it and with which the seller has agreed, and
(c) is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
The seller is liable to the buyer that in addition to the agreed properties:
(d) the item is suitable for the purpose for which an item of this kind is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
(e) the item's quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of items of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, especially by advertising or labelling,
(f) the item is supplied with accessories, including packaging, assembly instructions and other instructions for use, which the buyer can reasonably expect, and
(g) the item corresponds in quality or design to the sample or model that the seller provided to the buyer before concluding the contract.
7.3 However, liability for properties that are not agreed upon shall not apply if the seller specifically warned the buyer before concluding the purchase agreement that a certain property of the goods is different and the buyer expressly agreed to this when concluding the purchase agreement.
7.4 The buyer is not entitled to the right from defective performance if he caused the defect himself. Wear and tear of the item caused by its normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use is not a defect of the item.
7.5 If a defect appears after the purchase of the goods, the buyer is entitled to the rights under the mandatory provisions of Act No. 89/2012 Coll., the Civil Code. The buyer can complain about a defect that appears on the item within two years of receipt. If the defect appears within one year of receipt, it is presumed that the item was already defective upon receipt, unless the nature of the item or the defect excludes this. This period does not run for the period during which the buyer cannot use the item, in the event that he has justifiably complained about the defect.
7.6 If the seller declares that he will satisfy the buyer beyond his statutory rights from defective performance, in particular by refunding the purchase price, exchanging the goods or repairing them or providing a service in this connection, the seller provides a warranty for the goods, to the extent specified in such a declaration (quality warranty). A quality warranty also arises from a declaration made in an advertisement available at the latest at the time of concluding the purchase agreement. A quality warranty may also be provided by indicating the warranty period or the period of usability of the item on the packaging of the goods.
7.7 The easiest way to make a complaint is via the e-mail address info@ensanahotels.com or by correspondence to the address of the seller's registered office. If the goods have a service center specified in the documentation, the complaint may be made at this service center. A complaint can also be made at the seller's premises, or at its registered office or place of business.
7.8 When making a complaint, the buyer shall prove in a demonstrable manner when and for what price he purchased the goods in the seller's online store. To handle the complaint, the seller accepts the goods in a clean and hygienically safe condition corresponding to good morals. The seller has the right to reject a complaint about goods if the complained-of goods or their parts are dirty or in a hygienically unsafe condition.
7.9 The complaint, including the removal of the defect, must be settled and the buyer must be informed thereof no later than 30 days from the date the complaint was made, unless the seller agrees with the buyer on a longer period. In the event of the expiry of this period in vain, the buyer may withdraw from the purchase agreement or demand a reasonable discount on the price of the goods. The seller will issue the buyer a confirmation of the date and method of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
7.10 The seller shall remove the defect within a reasonable time after it has been pointed out, so as not to cause significant difficulties for the buyer, taking into account the nature of the goods and the purpose for which the buyer purchased the goods. To remove the defect, the seller will take over the goods at his own expense. In the case of a justified complaint, the buyer is entitled to compensation for reasonably incurred costs, which the buyer must claim from the seller no later than one month after the expiry of the period in which the defect must be pointed out, otherwise it will not be granted by the seller.
7.11 The buyer's rights from defective performance
7.12 If the goods have a defect, the buyer may demand its removal. At his choice, he may demand the delivery of new goods without a defect or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the buyer. The seller may refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value that the goods would have without the defect.
7.13 The buyer may demand a reasonable discount or withdraw from the contract if a) the seller has refused to remove the defect or has not removed it in accordance with the rules for handling complaints mentioned above, b) the defect appears repeatedly, c) the defect is a material breach of the purchase agreement, or d) it is apparent from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer. A reasonable discount is determined as the difference between the value of the goods without the defect and the defective goods that the buyer received. The buyer cannot withdraw from the contract if the defect of the goods is insignificant; it is presumed that the defect is not insignificant. If the buyer withdraws from the contract, the seller shall return the purchase price to the buyer without undue delay after receiving the goods or after the buyer proves that he has sent the goods.
7.14 A material breach of contract is such a breach of contract of which the party breaching the contract already knew or must have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The seller handles consumer complaints via the e-mail address info@ensanahotels.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at the internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase agreement.
8.4 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.5 The seller is entitled to sell goods on the basis of a trade license. Trade licensing control is carried out within its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a limited extent, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.6 The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 The seller fulfills its information obligation towards the buyer within the meaning of Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) related to the processing of the buyer's personal data for the purpose of fulfilling the purchase agreement, for the purpose of negotiating this agreement and for the purpose of fulfilling the seller's public-law obligations through a special document.
9.2 The buyer acknowledges that in connection with the purchase of goods or services from the seller, information about related products or services of the seller may be sent to the buyer's e-mail address.
10. DEVIATING AND SPECIAL PROVISIONS
10.1 In the case of a pre-order of goods, only a reservation of these goods occurs, not the conclusion of a purchase agreement.
10.2 In the case of the purchase of footwear, the footwear must first be tried on in a clean environment. If the buyer withdraws from the contract for which he purchased footwear within the statutory period of 14 days, the footwear must be returned in a state of undiminished hygienic level and without signs of wear or soiling. The returned purchase price will in these cases be reduced by any signs of use incompatible with trying on the footwear in a store.
10.3 In the case of the sale of alcoholic beverages or tobacco products, the relevant section of the web interface is accessible only to persons over 18 years of age and the order can also only be made by persons over 18 years of age. Upon receipt of an order containing these products, the seller or the carrier is entitled to request confirmation that the person receiving the order is over 18 years of age. If the person receiving the order is not able to prove this, the seller is entitled to withdraw from the contract.
10.4 In the case of the purchase of goods with a previously unknown content based on an element of chance (surprise boxes, collector's cards and the like), withdrawal from the contract by the buyer is excluded.
11. FINAL PROVISIONS
11.1 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the consumer is not deprived of the protection afforded to him by the provisions of the legal order from which it is not possible to derogate contractually, and which would otherwise apply in the absence of a choice of law under the provisions of Art. 6 para. 1 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2 If any provision of the terms and conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall take its place. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3 The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4 An annex to the terms and conditions is a model form for withdrawal from the purchase agreement.
11.5 Seller's contact details: delivery address Karla Engliše, 150 00 Prague 5-Anděl, e-mail address info@ensanahotels.com
In Prague on 26.2.2025