Terms and Conditions

EKOPLANT, s.r.o., company registration number: 25719602, with registered office at Němčice 23, 561 18 Němčice,
for the sale of goods through the online shop located at www.pacho-lek.cz

Information you should not overlook:

You can choose the payment method and delivery option during the ordering process.
By pressing the ORDER AND PAY button, you enter into a purchase contract with us for the goods and are obliged to pay us the purchase price.
If we state that the goods are in stock, we undertake to deliver the goods by the time stated in section 8.1 of these GTC.
The consumer customer has the right to withdraw from the contract of sale without giving reasons within 14 days.
For more information on complaints and returns, please refer to our complaints policy.

The protection of the personal data of our customers is very important to us. Information on what personal data we process, why and how, can be found in our personal data processing policy.

1. WHO ARE WE?

EKOPLANT, s.r.o., registered office,

2. HOW CAN YOU CONTACT US?

Telephone: +420 725 991 111 (working days 9:00 - 15:00)
e-mail: info@pacho-lek.cz

3. WHAT ARE OTHER TERMS THAT ARE REPEATED IN OUR GENERAL TERMS AND CONDITIONS?

electronic address - the customer's electronic mail address provided in the user account, order or other form;
e-shop - our online shop which we operate on the website;
contract of sale - an obligation containing a range of rights and obligations - between us as the seller and you as the buyer, which we enter into together on the basis of your order for our goods on our website;
Civil Code - Act No. 89/2012 Coll., Civil Code;
entrepreneur - a natural person or a legal person who conducts a continuous business activity - in his/her own name, on his/her own account and for profit; we follow the principle that a customer who provides his/her ID number / VAT number or company details in the order legally acts as an entrepreneur with us;
consumer - any natural person who is legally acting without any connection with his business activity or independent exercise of his profession;
GTC - these general terms and conditions, i.e. the rules that bind us and you when concluding a purchase contract;
website - the internet address www.pacho-lek.cz
customer - you, the buyer, whether you are a consumer or a business

4. WHAT MUST WE TELL ALL CUSTOMERS BY LAW BEFORE ENTERING INTO A CONTRACT OF SALE?

4.1 Seller's authorisations and control bodies. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other things, within a defined scope.
4.2 Illustrative nature of photographs of goods. All photographs on the website are for illustrative purposes only.
4.3 Goods, price, cost.
4.3.1 A description of our goods including their main features can be found on our website.
4.3.2 The prices of the Goods are inclusive of VAT, including statutory charges.
4.3.3 We do not charge any additional costs for telecommunications (e.g. if you call us on
our telephone number, you will only pay your normal telephone call rate).
4.4 Payment options. The specific terms of payment methods and shipping options are described in more detail during the order itself or on our website in the Shipping and Payment section. We will deliver the goods to you via the carrier you choose from the options offered by us or you can choose to collect them in person at our head office.
4.5 Order Binding. By submitting an order by pressing the "ORDER AND PAY" button in our online store, the customer creates a binding order that obligates the customer to make payment. The customer has the option to review and correct or change their order before submitting the order, as described in more detail in section 7 of these GTC.
4.6 Bindingness of the GTC. By submitting an order, you acknowledge that you have read the text of these GTC.
4.7 Customer's rights arising from defective performance. Customer's rights arising from defective performance or warranty and the conditions for exercising them
are described in section 12 of these GTC or in our Complaints Procedure.

5. WHAT DO WE NEED TO TELL CONSUMERS BEFORE ENTERING INTO A PURCHASE CONTRACT?

5.1 Right of withdrawal from the contract of sale. The consumer customer has the right to withdraw from the contract of sale without giving reasons (unless otherwise stated) within a period of 14 days starting at the latest:
5.1.1 in the case of a purchase contract, from the date of receipt of the goods; or
5.1.2 in the case of a contract of sale with delivery in multiple units/parts, from the date of receipt of the last delivery of the goods; or
5.1.3 in the case of a contract of sale subject to regular recurring deliveries of goods, from the date of receipt of the first delivery of goods;
5.1.4 from the conclusion of the contract, if the contract is for the delivery of digital content; provided that the consumer has the right to withdraw from the purchase contract even before the time specified in Articles 5.1.1 to 5.1.3 by notifying us of his intention to withdraw from the purchase contract by any unambiguous statement, for example by completing and sending the withdrawal form or by sending it to our email: info@pacho-lek.cz.
5.2 When it is NOT POSSIBLE to withdraw from the Purchase Contract. The Consumer is not entitled to withdraw from the following contracts:
5.2.1 for the delivery of goods that have been modified and/or created at the customer's request or for the customer;
5.2.2 for the delivery of goods the price of which depends on the fluctuations of the financial markets beyond our control, which may occur during the withdrawal period;
5.2.3 the delivery of perishable goods or goods which have been irreversibly mixed with other goods after delivery;
5.2.4 the supply of goods in sealed packaging which the consumer has removed from the packaging and which, for health or hygiene reasons, it is not appropriate to return after the consumer has breached it, including in the case of sound or video recordings and computer programs if the customer has breached their original packaging;
5.2.5 for accommodation, carriage of goods, hire of means of transport, meals or leisure activities if the contract is to be performed on a specific date or within a specific period;
5.2.6 for the supply of newspapers, periodicals or magazines, except for subscription contracts for their supply;
5.2.7 for the provision of services, if they have been provided in full; in the case of performance for consideration, only if the performance has begun with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that the provision of the performance terminates the right to withdraw from the contract;
5.2.8 for urgent repairs or maintenance to be carried out at a place designated by the consumer at his express request; this does not apply, however, to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance;
5.2.9 for the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with your prior express consent before the expiry of the withdrawal period and we have told you before the conclusion of the purchase contract that in this case you have no right to withdraw from the purchase contract
5.3 Obligation of the consumer in the event of withdrawal from the purchase contract. If the consumer withdraws from the purchase contract, he/she must send back to us the goods acquired under the purchase contract from which he/she withdrew within 14 days of the withdrawal. The consumer must send back or return the goods complete, i.e. including all accessories supplied, all documentation, clean, undamaged and, where possible, including the original packaging, in the condition and value in which he/she received them.
5.4 Diminution in the value of the goods. In the event of withdrawal from the contract of sale, the customer is liable for any diminution in the value of the returned goods or returned goods which is due to handling of the goods in a manner other than that necessary to familiarise themselves with the nature, characteristics and functionality of the goods. In the event that damaged or incomplete goods are returned to us, we will set off our claim for damages against the purchase price you require to be refunded. We will always assess the specific case to determine the extent of the damage,
We will inform you of these steps by e-mail or telephone at the address provided.
5.5 Address for returning the goods. Send/bring the goods back to the address of the registered office: EKOPLANT, s.r.o., Němčice 23, 561 18 Němčice. The costs of returning the goods in the event of withdrawal from the purchase contract shall be borne by the customer at his/her own expense, unless we agree otherwise. This also applies if the goods by their nature cannot be returned by the usual postal route (mainly due to their large dimensions, etc.). In such a case, we will arrange for the collection of these goods for you, if possible, and we will inform you of this and you will bear the direct costs associated with the return of these goods, which range from CZK 600 per pallet. For more information on the exact prices and transport options, please visit the Shipping and Payment section of our website.
5.6 Refund of Purchase Price. In the event of withdrawal from the Purchase Contract within the withdrawal period, we are obliged to refund all monies to the consumer, using the same payment method as when the money was received or to the account of your choice, within 14 days of withdrawal. Please note that we are only entitled to refund you when we receive the returned goods back from you.
5.7 Complaints - We handle consumer complaints out of court via email at info@pacho-lek.cz.
5.8 Out-of-court dispute resolution. The Czech Trade Inspection Authority, with 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 out-of-court resolution of consumer disputes arising from a purchase contract.
5.9 European Consumer Centre of the Czech Republic. The European Consumer Centre of the Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz is the contact point under 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).
5.10 Reviews. Reviews can be uploaded directly on our website or via our website https://www.heureka.cz. Information on how these reviews are processed by Heureka can be found on their website. More information on how we process reviews uploaded on our website can be found here.
5.11 Untrue or incomplete reviews. We reserve the right not to publish customer reviews that are untrue, contain inappropriate language or are unrelated to the goods purchased.
5.12 Sorting of goods. If you go to the sorting of categories of goods section of our website, you should be aware that we use rules to display goods according to your preferred selection criteria, which you can read more about on our website.
5.13 Damage caused by incorrect or incomplete information. We disclaim any liability for damage caused by incorrect or incomplete information or advice, in particular where the achievement of a particular result depends on the actions of the addressee or others, or on uncontrollable facts or chance.

6. HOW TO PLACE AN ORDER AND CONCLUDE A PURCHASE CONTRACT

6.1 Creating an order. By placing the goods in the basket, selecting the method of transport and payment for the selected goods and filling in the contact and billing details, the customer creates his order on the e-shop.
6.2 Features of the Goods. The Customer is obliged to familiarise himself with the features, type and recommended use of the Goods before completing the order. By placing an order, the Customer confirms that he has read and understands this information.
6.3 Checking of the order. Before completing the order, the customer is allowed to check and change the information he has entered in the order.
6.4 The process of sending the order. The order is sent by clicking on the "ORDER AND PAY" button and the order process is completed. By sending the order, the customer confirms that he/she has agreed to these General Terms and Conditions and has read our Privacy Policy.
6.5 Truthfulness of the data filled in the order. The data provided in the order is considered correct by the Seller. If, during the processing of the order, it is found that obviously false or incomplete data has been used, we may refuse the order, of which you will be notified by e-mail. The Customer may be held liable for damages caused by the provision of deliberately false or incorrect data.
6.6 Additional order confirmation by the customer. Depending on the nature of the order (quantity of goods, amount of purchase price, estimated shipping costs), the Seller is entitled to ask the customer for additional order confirmation (for example by email or telephone) and is also entitled to ask the customer to clarify the correctness of the quantity selection.
6.7 When is the purchase contract concluded? The purchase contract is concluded when the "ORDER AND PAY" button is pressed.
6.8 Confirmation of the order by the Seller. A customer who completes an order will receive an automatic confirmation of delivery of the order from us to the customer's e-mail address.
6.9 Obligations of the Seller. By entering into the Purchase Agreement, we undertake to deliver the purchased goods to you and to enable you to acquire title to the goods.
6.10 Obligations of the Buyer. By entering into the Purchase Agreement, you agree to accept the Goods and to pay us the price of the Goods.
6.11 A copy of the GTC and the withdrawal form . The customer will receive a copy of the concluded purchase contract, i.e. the current version of these GTC, at the customer's e-mail address. The consumer customer will also receive a withdrawal form within the statutory period.
6.12 Remote communication means. The customer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the customer in using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the
shall be borne by the customer himself and shall not differ from the basic rate.
6.13 Telephone ordering. The customer may also place his/her order for goods by telephone. A customer who completes an order in this way will receive a confirmation from us of the creation of the order, including the total price for the goods and the costs associated with the packaging and delivery of the goods chosen by the customer, to the customer's e-mail address provided in the telephone call, together with these GTC, the Complaints Policy, the Personal Data Processing Policy and the withdrawal form. The conclusion of the purchase contract will take place upon delivery of the confirmation of receipt of the order by the customer to our e-mail address.

7. PRICE OF GOODS AND PAYMENT METHODS

7.1 Price. All prices of the goods are quoted in Czech crowns (CZK) and are inclusive of VAT. The price of the goods is valid for the period for which it is displayed on the e-shop website, but this does not mean that we cannot conclude a purchase contract with some of our customers on individually negotiated terms.
7.2 Method of payment. You may pay us the price of the goods, and any costs associated with the delivery of the goods under the contract of sale, by the methods set out in the second step of the order (Shipping and Payment), in particular:
- online credit card;
- by bank transfer to the account number 348770057/0300, please indicate the order number as the variable symbol;
- cash on delivery;
- cash or credit card to the carrier (cash on delivery);

The customer chooses the method of payment during the order process. For more information on payment methods, please visit our website here.

7.3 Deposit of the price of the goods. We may require the customer to make a deposit or other similar payment.
7.4 Packing and shipping costs. On our e-shop website(Shipping and Payment) you will also find information about the costs associated with packing and delivery of the goods. The amount of the costs associated with packing and delivery of the goods will depend mainly on the chosen carrier and the location where the goods will be delivered. Orders with a minimum total price listed on our website will be delivered free of charge.
7.5 Price for delivery of the goods. Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods and any surcharge for the chosen payment method. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods. The customer will be informed of the final price including the costs of packaging and shipping before the order is bindingly completed.
7.6 Discounts on the price of the goods. Any discounts on the price of the goods granted by us to customers cannot be combined with each other.
7.7 Unrealistic price of the goods. In the event that an unrealistic price of 0 CZK (in words: zero Czech crowns) is displayed or a highly non-marketable price is displayed, where a non-marketable price is considered to be a price that is below our purchase price, we reserve the right to remove this item from the order. The customer will be informed of this fact at the customer's e-mail address.
7.8 Form of invoice. We agree that invoices will be sent electronically to the customer's electronic address.

8. EVERYTHING YOU SHOULD KNOW ABOUT THE DELIVERY OF THE GOODS

8.1 Delivery time. If the goods are stated to be in stock, then we will normally dispatch the goods with a delivery time of 3 working days from receipt of the order, and we undertake to deliver the goods within a maximum of thirty (30) days from the time of the conclusion of the contract of sale. Sometimes we may find that goods marked "in stock" sell out at short notice. Should a situation arise where the goods are out of stock and we are unable to deliver the goods you have ordered within the time specified, then we will contact you to make arrangements
Despite the stated delivery time, we always try to prepare and deliver the order to the customer as soon as possible.
8.2 Method of delivery, personal collection. The customer has the choice of selecting to have the goods delivered to any address via our contracted carrier at the delivery price stated during the order process or to collect the goods in person at our head office from Monday to Friday between 9:00 am and 3:00 pm.
8.3 Taking delivery of the goods. When the goods are transported by us to the customer, the goods are handed over to the customer at the point of delivery (usually the first door/gate/gate at the delivery point designated by the customer). It is at the point of taking delivery of the goods by the customer that the risk of damage and accidental deterioration of the purchased goods passes to the customer. In the case of personal collection of the goods by the customer, the goods are deemed to have been delivered at the point of taking delivery by the customer or other person designated by the customer.
8.4 Cost of special mode of transport. If a mode of transport is agreed upon at the customer's special request, the customer bears the risk and any additional costs associated with this mode of transport.
8.5 Costs and fees for order processing. In the caseof creating an order by telephone or e-mail outside the online shop, an additional administrative fee of 90 CZK incl. VAT may be charged by the Seller for order processing.
8.6 Re-delivery and associated costs. In the event that for reasons on the part of the Customer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Customer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
8.7 Damage that may be incurred by the Seller by not taking delivery of the goods. If the Customer Consumer does not take delivery of the goods when they are delivered by the carrier, the goods are subsequently returned to the Seller and at the same time the Customer Consumer does not withdraw from the contract of sale within 14 days of the unsuccessful delivery of the goods, the Seller shall be entitled to claim from the Customer the costs charged by the carrier for the delivery of the goods back to the Seller. This cost shall constitute damage to the Seller arising from a breach of the Customer's statutory obligations within the meaning of Section
The Seller is also entitled to charge a fee for storage of the goods in the amount of CZK 200 (in words: two hundred Czech crowns) and the Seller is entitled to withdraw from the purchase contract.
8.8 Failure to take delivery of the goods in relation to the entrepreneur. If the entrepreneur customer fails to take delivery of the goods by the carrier and the goods are subsequently returned to us as the seller, we are entitled to claim from the entrepreneur customer the costs charged by the carrier for the delivery of the goods back to our address. This cost constitutes damage to the seller which has been caused by a breach of the entrepreneur customer's legal obligations within the meaning of Section 2913 (1) of the Civil Code. The seller is also entitled to charge a storage fee of CZK 200 (two hundred Czech crowns) and is further entitled to withdraw from the purchase contract.
8.9 Possibility of set-off of claims. We are entitled to unilaterally set off the claim for payment of the storage costs and the claim for compensation for damages due to the breach of the customer's legal obligations under this section of the GTC against the customer's claim for reimbursement of the purchase price in accordance with § 2913 of the Civil Code.
8.10 Obligation of the customer upon receipt of the goods. The customer is obliged to inspect the goods upon receipt of the goods and ascertain their characteristics (in particular, whether the customer has received the correct type of goods, whether the goods are of the agreed quality, whether the goods contain everything in their packaging that the instructions say they should contain). In the event of visible damage to the shipment by the carrier, the customer is obliged not to accept such shipment from the carrier at all. We are not liable for any damage caused by the carrier or late delivery of the goods, whatever the reason for the delay.

9. RETENTION OF TITLE

9.1 Full payment of the purchase price. We reserve title to the goods to our customers until the purchase price has been paid in full in accordance with the relevant contract of sale. This means that if you do not pay the purchase price, you do not become the owner of the goods in question.
9.2 Reservation for business customers. For business customers, we reserve title to the goods until all claims we have against them have been paid. The customer must handle the goods subject to retention of title with due care and insure them sufficiently, at their expense, against damage to
the value of the new goods.

10. WITHDRAWAL FROM THE CONTRACT OF SALE

10.1 Consumer's right to withdraw from the Purchase Contract. The Consumer's right to withdraw from the Purchase Contract shall be governed by the provisions set out in Section 5 of these GTC.
10.2 Business customer's right to withdraw from the purchase contract. Business customers have the right to withdraw from the purchase contract as permitted by the relevant legislation. The business customer does not have the right to withdraw from the purchase contract without giving any reason within 14 days, this right is only granted to the consumer. If the business customer returns the goods to us and if there is no complaint of defects under the Civil Code, we notify the business customer that we may charge them for the storage costs of these goods in accordance with clauses 9.6 and 9.7 of these GTC and we will also invite the business customer to take back these goods.
10.3 Unpaid purchase price. If the customer has not paid the purchase price properly and on time, we may withdraw from the purchase contract.
10.4 Out of stock procedure. We are entitled to withdraw from the purchase contract due to the out of stock of the goods or due to the unavailability of the ordered goods. Furthermore, we may withdraw from the purchase contract in particular if the customer has refused to take delivery of the goods.
10.5 Gift. If the customer receives a gift together with the goods and subsequently withdraws from the purchase contract with us, the customer is obliged to return the gift to us. The gift contract between us and the customer is therefore concluded with the so-called resolutive condition that if the customer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective.
10.6 To withdraw from the contract and return the goods, please use our withdrawal form which you will complete and include in the parcel you are returning.

11. WHAT IF THE GOODS ARE FAULTY

11.1 Reference to the Civil Code. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
11.2 Reference to the Complaints Code. Further rights and obligations of the parties relating to our liability for defects in the goods are regulated in our Complaints Code.

12. PROTECTION OF PERSONAL DATA

12.1 Personal data processing policy. The protection of our customers' personal data is very important to us. The rules for handling personal data and the rules for sending commercial communications are regulated in our personal data processing policy.
12.2 Cookies. We use so-called cookies, which may be stored on the end device (either on the basis of consent or to protect our legitimate interests). Customers can set their preferences directly on our website, where they can find information about the use of cookies.

13. HIGHER POWER

13.1 What is Force Majeure. For the purposes of these GTC, Force Majeure shall be deemed to be any event independent of the Seller's will which prevents the Seller from fulfilling its obligations and which could not have been foreseen or its consequences averted or overcome. In particular, Force Majeure shall be deemed to be a natural disaster, fire, explosion, flood, earthquake, terrorist attack, war, strike or other events (including situations caused by the spread of the COVID-19 disease) which are beyond the control of the parties.
13.2 Exclusion of Seller's Liability. During the period of force majeure, Seller shall not be liable for failure to perform its obligations under the Purchase Agreement, and consequently these GTC.

14. WHAT YOU SHOULD KNOW IN CONCLUSION

14.1 What law governs our legal relationship? The legal relationship between us shall be governed by the law of the Czech Republic, in particular the Civil Code. This shall also apply in the event of the existence of a so-called international element. However, we are aware that the consumer customer cannot be deprived of the protection afforded by the provisions of the law of the country of his habitual residence by this choice.
14.2 Obligation to respect consumer rights. In the event of an unintentional conflict between the provisions of these GTC and statutory provisions for consumer protection, these provisions shall prevail and the Seller undertakes to comply with them.
14.3 Invalid or ineffective provisions of the GTC. If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
14.4 Exclusion of the Vienna Convention. The Parties agree that they expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, or the Vienna Convention, in accordance with Article 6 of that Convention.
14.5 Disputes and Jurisdiction. The Parties further agree that the courts of the Czech Republic for the Hradec Králové district shall always have local and subject matter jurisdiction to settle any disputes arising from the Purchase Contract where an international element is present. This is without prejudice to the rights of consumers under special legislation. The language of the Contract shall be Czech.
14.6 Archiving of the Purchase Agreement. The Purchase Agreement as amended by the GTC is archived by us in electronic form and is not accessible to third parties.
14.7 Withdrawal form. The withdrawal form is an integral part of these GTC.
14.8 If we agree on different terms and conditions for the conclusion of the purchase contract. The provisions of the GTC are an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. The deviating provisions in the purchase contract take precedence over the provisions of the GTC.
14.9 Necessity of acceptance of the GTC for the conclusion of the purchase contract. Acceptance of these GTC is voluntary, but is necessary for the creation of a user account or order by the customer.
14.10 Validity of the GTC. These GTC are valid from 11/11/2024 and supersede the previous terms and conditions.