Terms and conditions

1. Introductory provisions

1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company MEG dream sro, Company ID: 046 26 168, with its registered office at Libušina 514/34, 360 01 Karlovy Vary, registered in the Commercial Register under file number C 32031 maintained by the Regional Court in Pilsen (hereinafter referred to as the "Manufacturer") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a contract concluded between the manufacturer and another natural or legal person (hereinafter referred to as the "Customer") via the online store, on the basis of which the manufacturer undertakes to manufacture and deliver the product (hereinafter also referred to as the "Product") or to provide a telephone consultation service (hereinafter referred to as the "Service") according to the requirements of the Customer. The online store is operated by the manufacturer on the website located at the Internet address https://megbiobachovky.cz/ (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store's web interface").

2. Provisions deviating from the terms and conditions may be agreed in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.

3. The provisions of the terms and conditions are an integral part of the contract. The contract and the terms and conditions are drawn up in the Czech language. The contract can be concluded in the Czech language.

4. The wording of the terms and conditions may be amended or supplemented by the manufacturer. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions. The rights and obligations of the manufacturer and the customer are always governed by the wording of the terms and conditions during which they arose. The manufacturer shall notify the customer of the amended terms and conditions in a manner that allows remote access, or by publishing them in its premises.

5. These terms and conditions shall apply to the regulation of the rights and obligations of the manufacturer and the customer under the concluded contract and upon the formation of the relevant contract, i.e. upon the proposal of the relevant contract and the acceptance of this proposal.

2. Person of the customer

2.1. According to these conditions, the Client is understood to be:

2.1.1. consumer, i.e. any natural person who concludes a contract with a producer outside the scope of their business activity or outside the scope of their independent profession,

2.1.2. entrepreneur, i.e. any person, whether natural or legal, or other association endowed with legal personality, who concludes a contract with the manufacturer in the course of his commercial, production or similar activity or in the independent exercise of his profession.

3. Conclusion of the contract

3.1. All presentation of products and services placed in the web interface of the store is of an informative nature and the manufacturer is not obliged to conclude a contract regarding this product. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

3.2. The web interface of the store contains information about products and services, including the prices of individual products or services; the prices remain valid for the period they are displayed in the web interface of the store. This provision does not limit the possibility of the manufacturer to conclude a contract under individually negotiated conditions.

3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of the product and the method and time of delivery of the product or provision of the service. The information about the costs associated with packaging and delivery of the product provided in the web interface of the store applies only in cases where the product is delivered within the territory of the Czech Republic. In the case where the manufacturer offers free shipping of the product, the prerequisite for the right to free shipping of the product is the payment of the minimum total price of the transported product in the amount specified in the web interface of the store, otherwise the right of the customer to free shipping of the product expires and the customer is obliged to pay for the shipping of the product.

3.4. To order a product or service, the customer fills out an order form in the store's web interface. The order form contains, in particular, information about:

3.4.1. the customer (name and surname or name or business name, identification number, address, telephone number, e-mail address),

3.4.2. the ordered product or service (the ordered product or service is "inserted" by the customer into the electronic shopping cart of the store's web interface),

3.4.3. method of payment for the price of the product or service,

3.4.4. information about the requested method of delivery of the ordered product or the date of provision of the service and

3.4.5. information about the costs associated with the delivery of the product (hereinafter collectively referred to as the "order")

3.5. Before sending the order to the manufacturer, the customer is allowed to check and change the input data that the customer has entered into the order, also with regard to the customer's ability to detect and correct errors that occurred when entering data into the order. The customer sends the order to the manufacturer by clicking on the "Order now" button. The manufacturer will immediately confirm receipt of the order to the customer via e-mail. megbiobachovky@meg.cz (hereinafter referred to as the "manufacturer's electronic address"). By sending the order, the customer expresses his agreement with these terms and conditions.

3.6. The manufacturer is always entitled, depending on the nature of the order (larger quantity of product, price, expected shipping costs), to ask the customer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contract between the manufacturer and the customer is concluded at the moment of sending the order acceptance (acceptance) by the manufacturer to the e-mail address that the customer specified in the order. If this prior acceptance of the order by the manufacturer does not occur, the contract is considered concluded at the moment of receipt of the product by the customer.

3.8. The Customer agrees to the use of distance communication means when concluding the contract. The costs incurred by the Customer when using distance communication means in connection with concluding the contract (costs of Internet connection, costs of telephone calls) are borne by the Customer.

3.9. The manufacturer is not obliged to accept the customer's order and conclude a contract. An order not accepted is not binding on the manufacturer. For the avoidance of doubt, it is stated that acceptance of the order is the performance of an action pursuant to paragraph 3.7. of the terms and conditions, and not confirmation of receipt of the order pursuant to paragraph 3.5. of the terms and conditions.

3.10. If a product specified in the order is not available, the manufacturer is not obliged to deliver it and informs the customer of this fact within two working days in writing to the email address or by phone to the email address or phone number that the customer specified in the order. The customer then has the choice of whether to replace the unavailable product with another product from the manufacturer's offer or to return the funds that he paid for its purchase. If the customer decides to return the funds, the manufacturer will pay them within five working days of the delivery of the customer's request to the account from which they were paid or which the customer specified.

3.11. The contract is concluded in the Czech language.

3.12. The manufacturer will send the documents representing the concluded contract to the customer in electronic form to the e-mail address that the customer provided in the order, including the text of the terms and conditions.

3.13. The manufacturer will send the documents representing the concluded contract to the customer in paper form, based on the customer's prior request, by post to the consumer, including the text of the terms and conditions.

3.14. The manufacturer archives documents representing the concluded contract in electronic form.

4. Adding order details

4.1. Due to the individual production of most goods for each individual customer, in some cases, after the order is placed, the seller may contact the customer by telephone to add the data necessary for the production of the product. For this purpose, the manufacturer will call the telephone number that the customer provided in the order.

4.2. If the manufacturer cannot reach the customer at the telephone number provided by the customer in the order, the manufacturer will send an SMS message to this telephone number with a request to call back. If the customer does not contact the manufacturer on the following business day, the manufacturer will try to establish a telephone connection with the customer itself and, if unsuccessful, will send the customer an SMS message again with a request to call back. The manufacturer will repeat this procedure once more if the customer does not contact it on the business day following the sending of the second SMS message (i.e. the third attempt to contact the customer by telephone and the possible sending of the third SMS message will take place within the 5th business day from the first attempt to contact the customer by telephone).

4.3. The manufacturer is entitled not to start production of the ordered product and not to deliver it to the customer until the customer provides additional information necessary for the manufacture of the product.

4.4. If the manufacturer fails to establish contact with the customer according to the procedure set out in Article 4.2 of the Terms and Conditions and the customer does not contact the manufacturer and provide him with additional information necessary for the manufacture of the product within five days of sending the third SMS message, the manufacturer is entitled to withdraw from the contract.

5. Telephone consultations

5.1. When ordering a telephone consultation service, the customer is obliged to be available at the telephone number specified in the order, on the date specified in the order (hereinafter referred to as the "ordered date").

5.2. The service is provided by dialing and calling the telephone number that the customer specified in the order, on the ordered date, which is not affected by the customer's failure to fulfill his obligation under Article 5.1 of the Terms and Conditions.

5.3. The customer can change the ordered date no later than 24 hours in advance by calling the manufacturer's phone number +420 774 444 104.

6. Price and payment terms

6.1. The customer may pay the price of the product or service and any costs associated with the delivery of the product under the contract to the manufacturer in the following ways:

6.1.1. cashless before delivery of the product or provision of the service by transfer to the manufacturer's account No. 131-2325030207/0100 held at Komerční banka, as (hereinafter referred to as the "manufacturer's account")

6.1.2. via the Google Pay electronic payment system,

6.1.3. via the Apple Pay electronic payment system,

6.1.4. by payment card when ordering a product or service.

6.2. Along with the price, the customer is also obliged to pay the manufacturer the costs associated with packaging and delivery of the product in the amount specified when ordering the product. Unless expressly stated otherwise, the price also includes the costs associated with delivery of the product.

6.3. The customer is obliged to pay the price in advance, before the product is shipped or the service is provided to the customer. In the case of non-cash payment, the price is payable within 7 days of the conclusion of the contract.

6.4. In the event that the manufacturer does not accept the order in accordance with paragraph 3.7 of the terms and conditions, the manufacturer is obliged to immediately return any already paid price to the customer. The manufacturer will immediately transfer the already paid payment back to the customer even if, after receiving the order, it informs the customer that it does not accept the order.

6.5. In the case of non-cash payment, the price is payable within 10 days of concluding the contract and the customer is obliged to pay the price together with the indication of the variable payment symbol. The customer's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the manufacturer's account.

6.6. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

6.7. Any price discounts provided by the manufacturer to the customer cannot be combined with each other, unless expressly stated otherwise by the manufacturer. The manufacturer may provide the customer with various types of discounts (loyalty, volume, using promotional codes, etc.). The customer is entitled to apply the discount only once, unless expressly agreed otherwise between the manufacturer and the customer. In the event of applying a discount in violation of the terms and conditions of providing the discount or these terms and conditions, the manufacturer has the right to refuse to provide such a discount to the customer.

6.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the manufacturer shall issue a tax document - invoice to the customer regarding payments made under the contract. The manufacturer is a payer of value added tax. The tax document - invoice shall be issued by the manufacturer to the customer after payment of the price and shall be sent in electronic form to the e-mail address that the customer specified in the order.

6.9. The Client consents to the issuance of a tax document in electronic form.

6.10. If the customer does not pay the price by the due date, the manufacturer reserves the right to withdraw from the contract.

6.11. In the event that the manufacturer makes a completely obvious error when stating the price on the website or during the conclusion of the contract, the customer understands that the error in stating the price constitutes an apparent legal action, and the manufacturer is therefore not obliged to deliver the product or provide the service to the customer at this obviously incorrect price.

6.12. In the case of Article 6.11 of the Terms and Conditions, the Manufacturer reserves the right to inform the Customer of the correct price to the e-mail address provided by the Customer in the order. If the Customer agrees to the delivery of the product or provision of the service at the adjusted price, he/she shall notify the Manufacturer in writing to the Manufacturer's e-mail address; in such a case, the contract is concluded upon delivery of the notification of consent to the Manufacturer.

7. Product transportation and delivery

7.1. The specific method of delivery of the product is specified by the customer in the order. Delivery of the product is understood to be the moment when the product is delivered to the customer. The costs of delivering the product vary depending on the selected method of delivery of the product and the selected type of payment for the product. In the event that the method of transport is agreed upon based on a special request from the customer, the customer bears the risk and any additional costs associated with this method of transport.

7.2. A product that is in stock at the manufacturer is usually dispatched within 10 days from the date of crediting the price payment to the manufacturer's account. A product that is not in stock at the manufacturer and needs to be manufactured individually for the customer is usually dispatched within 14 days from the date of crediting the price payment to the manufacturer's account. The manufacturer informs the customer about the dispatch of the product by e-mail to the e-mail address that the customer provided in the order.

7.3. The product is accepted by the customer when the carrier hands it over to him or to a person designated by him. However, if the carrier is designated by the customer without being offered by the manufacturer, the product is handed over to the customer when the manufacturer hands it over to this carrier; the customer's rights against the carrier are not affected by this. If the manufacturer is obliged under the contract to deliver the product to the place specified by the customer in the order, the customer is obliged to accept the product upon delivery.

7.4. In the event that, for reasons on the part of the customer, it is necessary to deliver the product repeatedly or in a different manner than specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the product, or the costs associated with a different method of delivery and storage. If the customer does not accept the product, the manufacturer has the right to withdraw from the concluded contract. If the customer refuses to accept the product without reason, this is not considered a failure by the manufacturer to deliver the product or a withdrawal from the contract by the customer.

7.5. When accepting the product from the carrier, the customer is obliged to check the integrity of the product packaging and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the customer does not have to accept the shipment from the carrier. This does not affect the customer's rights from liability for product defects and other rights of the customer arising from generally binding legal regulations.

7.6. The manufacturer is entitled to start production of the product only after receiving payment for the ordered product, if the product is to be paid for in advance by the customer.

7.7. The customer acquires ownership of the product upon taking delivery of the item.

7.8. The delivery time of the product depends on the manufacturer's production capacities and the chosen method of transport and payment.

8. Withdrawal from the contract

8.1. The customer is entitled to withdraw from the contract concluded with the manufacturer in cases stipulated by generally binding legal regulations. The customer, who is a consumer, is therefore, among other things, entitled to withdraw from the contract within 14 days from the receipt of the product or within 14 days from the conclusion of the contract, if its subject is the provision of a service.

8.2. The withdrawal form is available on the manufacturer's website.

8.3. The customer may send the withdrawal from the contract, among other things, to the address of the manufacturer's premises or to the manufacturer's electronic address.

8.4. In the event of withdrawal from the contract, the contract is cancelled from the beginning. The customer is obliged to return or send the product to the manufacturer without undue delay, no later than 14 days from the withdrawal from the contract. The customer acknowledges that the costs associated with returning the product to the manufacturer are borne by him/her, even if the product cannot be returned by post due to its nature.

8.5. If a gift is provided to the customer together with the product or service, the gift contract between the manufacturer and the customer is concluded with a termination condition that if the customer withdraws from the contract, the gift contract regarding such a gift loses its effectiveness and the customer is obliged to return the gift provided to the manufacturer.

8.6. The customer, who is a consumer, acknowledges that, in accordance with the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the contract pursuant to the provisions of Section 1829, paragraph 1 of the Civil Code,

8.6.1. if the product is manufactured according to his requirements and adapted to his personal needs,

8.6.2. if it is a perishable product,

8.6.3. if the product was mixed with other goods,

8.6.4. if the product was delivered in a closed package from which the customer removed it and for hygiene reasons it cannot be returned.

8.7. In connection with Article 5.6 of the Terms and Conditions, the customer, who is a consumer, acknowledges that most of the products sold via the website are manufactured directly for the individual customer based on data obtained from him and have a short shelf life (approx. 8 weeks).

8.8. The manufacturer is entitled to withdraw from the contract in addition to the cases stipulated by generally binding legal regulations if:

8.8.1. does not receive the price from the customer within the due date,

8.8.2. the customer does not accept the product without a serious reason,

8.8.3. performance by the manufacturer becomes objectively impossible or unlawful,

8.8.4. the customer fails to provide the manufacturer with additional information necessary for the manufacture of the product within the period specified in Article 4.4 of the terms and conditions,

8.8.5. the customer does not accept the delivered product according to Article 7.4 of the terms and conditions.

8.9. The manufacturer is entitled to withdraw from the contract at any time until the full price has been paid. In such a case, the manufacturer will return the paid part of the price to the customer without undue delay, by bank transfer to the account from which it was paid or to an account designated by the customer.

9. Rights arising from defective performance

9.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2112 of the Civil Code, and if the customer is a consumer, then also in accordance with the provisions of Sections 2158 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection).

9.2. The rights of the customer, who is an entrepreneur, from defective performance are governed by generally binding legal regulations. If the customer is a consumer, the provisions of Articles 9.3 to 9.16 of the Terms and Conditions also apply to the rights from defective performance.

9.3. The manufacturer is responsible to the customer that:

9.3.1. the product has the properties agreed upon by the parties, and in the absence of such an agreement, it has the properties described by the manufacturer or expected by the customer with regard to the nature of the product and based on the manufacturer's advertising,

9.3.2. the product is suitable for the purpose stated by the manufacturer for its use and for which a thing of this type is usually used,

9.3.3. the product corresponds in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

9.3.4. the product is in the appropriate quantity, measure or weight,

9.3.5. the product complies with the requirements of legal regulations.

9.4. The provisions of Article 9.3 of the Terms and Conditions shall not apply if the manufacturer has specifically notified the customer prior to concluding the contract that some property of the item differs and the customer has expressly agreed to this when concluding the contract.

9.5. If the product has a defect, the customer may demand the delivery of a new product without a defect if the removal of the defect is impossible or disproportionately expensive compared to the delivery of a new product; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in another way without significant difficulties for the customer. The manufacturer may refuse to remove the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the item would have without the defect.

9.6. The manufacturer shall remove the defect within a reasonable time after it is discovered in a manner that does not cause significant inconvenience to the customer, taking into account the nature of the item and the purpose for which the customer purchased the product. The manufacturer shall take over the product at its own expense to remove the defect.

9.7. The Customer may request a reasonable discount or withdraw from the contract if:

9.7.1. the manufacturer did not deliver a new product instead of the defective product, refused to remove the defect or did not remove it in accordance with Article 9.6 of the Terms and Conditions,

9.7.2. the defect appears repeatedly,

9.7.3. the defect is a material breach of contract, or

9.7.4. it is obvious from the manufacturer's statement or from the circumstances that the new product will not be delivered or the defect will not be removed within a reasonable time or without significant inconvenience to the customer.

9.8. If the defect of the product is insignificant, the customer cannot withdraw from the contract (within the meaning of Article 9.7 of the Terms and Conditions); it is considered that the defect of the item is not insignificant. If the customer withdraws from the contract, the manufacturer will refund the price to the customer without undue delay after receiving the product or after the customer proves that he has sent the product.

9.9. A defect can be reported to the manufacturer, including by sending the goods to the address of its establishment or registered office, along with a description of the alleged defects and the proposed method of handling the complaint.

9.10. The manufacturer is obliged to accept the complaint at any of its premises, or at its registered office. The manufacturer is obliged to issue the customer with a written confirmation upon the complaint, stating the date on which the customer submitted the complaint, its content, the method of handling the complaint requested by the customer and the customer's contact details for the purpose of providing information on the handling of the complaint. The manufacturer will send this confirmation to the e-mail address that the customer provided in the order.

9.11. The complaint, including the removal of the defect, must be resolved and the customer must be informed thereof no later than thirty (30) days from the date of the complaint, unless the manufacturer and the customer agree on a longer period.

9.12. After the expiration of the period pursuant to Article 9.10 of the Terms and Conditions, the customer may withdraw from the contract, request a reasonable discount or a voucher for other goods presented on the website.

9.13. The manufacturer is obliged to issue the customer with a confirmation of the date and method of handling the complaint and its duration, or a written justification for rejecting the complaint. The manufacturer will send this confirmation to the e-mail address that the customer provided in the order.

9.14. The customer may specifically exercise rights arising from liability for product defects, in particular by telephone or e-mail at the manufacturer's e-mail address.

9.15. The person who has a right from defective performance is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the customer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court will not grant the right if the manufacturer objects that the right to compensation was not exercised in time.

9.16. Other rights and obligations of the parties related to the manufacturer's liability for defects and the procedure for complaints shall be regulated by the manufacturer's complaints procedure.

10. Other rights and obligations of the contracting parties

10.1. The customer acquires ownership of the product upon receipt.

10.2. The Manufacturer is not bound by any codes of conduct in relation to the Client within the meaning of the provisions of Section 1820, paragraph 1, letter n) of the Civil Code.

10.3. The manufacturer provides out-of-court settlement of complaints via e-mail. Complaints can be sent to the manufacturer's e-mail address: megbiobachovky@meg.cz . Information about the handling of the complaint will be sent by the manufacturer to the email address from which the customer sent the complaint. Other rules for handling complaints are not set by the manufacturer.

10.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs . http://ec.europa.eu/consumers/odr can be used to resolve disputes between the manufacturer and the customer under the contract.

10.5. European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant 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 online dispute resolution for consumer disputes).

10.6. The customer may file a complaint with a supervisory or state supervisory authority. The manufacturer is authorized to sell the product on the basis of a trade license. Trade control is carried out by the relevant trade license office within its scope of competence. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision of compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

10.7. The Client assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

11. Protection of personal data, sending commercial communications and storing cookies

11.1. The protection of personal data of the customer, who is a natural person, is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) and Act No. 110/2019 Coll., on the processing of personal data.

11.2. The customer acknowledges that the data provided in the order is processed by the manufacturer for the purposes of fulfilling the contract, and agrees to the processing of this data; this primarily includes the name and surname, address, identification number and tax identification number, e-mail address and telephone number.

11.3. Other rights and obligations related to the protection of personal data, which are available on the manufacturer's website.

11.4. The Customer agrees to the sending of information related to the products and services of the manufacturer or the manufacturer's company and to the sending of commercial communications to the e-mail address specified in the order, within the meaning of the provisions of Section 7, paragraph 2 of Act No. 480/2004 Coll., on certain information society services. The sending of commercial communications can be refused by e-mail to the manufacturer's e-mail address or by setting in the user account.

11.5. The manufacturer fulfills its legal obligations related to the possible storage of cookies on the customer's device through a special document - the Personal Data Protection Policy - available on the website.

12. Delivery

12.1. Unless otherwise agreed between the parties (including in the terms and conditions), all communications relating to the contract will be delivered to the other party in writing, namely

12.1.1. to the manufacturer at the manufacturer's electronic address ( megbiobachovky@meg.cz ) or by registered mail to the manufacturer's registered office address (Libušina 514/34, 360 01 Karlovy Vary),

12.1.2. to the customer at the e-mail address provided in the order or listed in his user account.

13. Final provisions

13.1. If the relationship established by the contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the customer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order from which it is not possible to deviate by contract and which would otherwise apply in the absence of the choice of law pursuant to the provisions of Article 6(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).

13.2. The contract, including the terms and conditions, is archived by the manufacturer in electronic form.

13.3. These terms and conditions are valid and effective from 18.6.2024