General Terms and Conditions

General Terms and Conditions for the online store biomefix.eu. These General Terms and Conditions were published on 01 May 2024.

 

1. Introductory Provisions and Definition of Basic Terms

1a) The Operator of the online store biomefix.eu and the supplier and/or seller is: McCarter a.s., registered office Bajkalská 25, Bratislava, 821 01, Slovakia, company ID No (IČO): 35 846 011, tax ID No (DIČ): 2020263113, VAT No (IČ DPH): SK2020263113, bank details: IBAN: SK1211000000002623023363, SWIFT: TATRSKBX

1b) The Seller’s product is BODY&FUTURE Laboratories BIOMEFIX which introduces a unique nutritional supplement based on water-basis thanks to which it reaches the intestines quickly and easily where it acts with maximum effect on human health. It contains five live active bacteria strains (Lactobacillus rhamnosus, Lactobacillus casei, Bifidobacterium species, Lactobacillus delbrueckii subsp. bulgaricus, Streptococcus thermophilus) that effectively restore healthy balance of intestinal microflora, support the function of other organs and help in strengthening and supporting the immune system.

1c) A Consumer is a natural person who, when concluding and performing a contract, does not do so within the scope of their own business activity, employment or profession, and who uses the Product for another purpose than business with this Product.

1d) A Buyer may be a consumer or business entity that sells the Product for the purpose of its business with this Product.

1e) Where the Buyer is a business entity:

 

2. General Provisions

2a) These General Terms and Conditions (hereinafter the “GTC”) are issued by McCarter a.s. for the purpose of regulating the relationship between the Seller and the Buyer arising in connection with the online store biomefix.eu regarding a delivery of goods or services.

2b) Conclusion of a Contract – an order from the Buyer is a draft contract. The Seller shall without delay confirm to the Buyer the acceptance of an order by e-mail sent to the entered e-mail address, however such acceptance of an order has no legal effects on the conclusion of a contract. The contract itself is concluded with the delivery of the binding agreement of the Seller to the Buyer with such draft (confirmation of the order by the Seller will contain the number and a summary of the order); from that moment mutual rights and obligations between the Seller and the Buyer will arise.

2c) By sending an order (i.e. a draft contract), the Buyer confirms that they have familiarised themselves with these General Terms and Conditions, the privacy policy, the warranty conditions and the possibility of withdrawal, that they have understood the contents and that they agree with them without reservation in this wording. These General Terms and Conditions form an integral part of the concluded contract.

2d) When placing an order electronically through the online store, the Buyer will receive the General Terms and Conditions together with the confirmation of the order from the Seller.

2e) One condition for the validity of an electronic order is the filling in of all the prescribed data and particulars on the form. By filling in an order form, respectively placing a binding order through the online store biomefix.eu the Buyer consents to the Seller collecting and archiving personal data about the Buyer and their purchases.

2f) Contracts are concluded in the Slovak language. A concluded Contract is not accessible by third parties and the Seller will archive it for the purpose of its successful performance. Information about the individual technical steps leading towards the conclusion of a contract are visible from the ordering process, and the Buyer has the possibility to check and, if appropriate, change them before the actual sending of the order.

2g) Any disputes arising in connection with a contract to which these General Terms and Conditions form an annex will be addressed exclusively according to the legislation in force in the Slovak Republic.

2h) These General Terms and Conditions are available on the website biomefix.eu and can therefore be archived and reproduced by the Buyer.

 

3. Subject Matter of the Contractual Relationship

3a) The subject matter of the contractual relationship is the obligation of the Seller to deliver the Products described in an order from the Buyer and the obligation of the Buyer to pay the purchase price for the delivered Products to the Seller. An invoice/tax document will be issued and attached to each concluded contract.

3b) An order for Products may be made through the website of the Seller biomefix.eu. An order is a proposal by the Buyer to conclude a contract, the subject matter of which will be the delivery of Products indicated in the order under the terms and conditions in it and in these General Terms and Conditions. The Seller acknowledges that an order incorporates the obligation to pay the price for delivered Products.

When making a purchase through the website of the Seller, the Buyer will select the specific Product on the basis of the current offer, fill in the number of pieces and packs of the Product and confirm them by clicking “Add to cart.” After completing their selection of Products, the Buyer will proceed to the checkout, they will fill in true and complete communication and invoicing data in the order form, and then select the payment and delivery methods. The Seller advises the Buyer to read the information about the exercise of the consumer right to withdraw from the contract. After the proper filling in of the form, the performance of the information obligation through the provision of a summary of the order by the Seller, and the reading of the General Terms and Conditions, the Buyer bindingly sends their order by clicking on “Place Order”

3c) Place of delivery – the obligation of the Seller to deliver the Product to the Buyer is performed through delivery to the place of delivery or at the seller’s registered office.. The place of delivery is the place indicated as such by the Buyer in the order form. The Seller bears no responsibility for an incorrectly indicated address by the Buyer. Unless stated and agreed otherwise above, the place of delivery is the warehouse of the Supplier/Seller indicated by the Supplier/Seller to the Customer/Buyer. If the place of delivery is the seller’s registered office, this means the address: McCarter a.s., with its registered office at Bajkalská 25, Bratislava, 821 01, Slovakia and/or the seat of the seller’s establishment at Budovateľská 1247/7, Dunajská Streda 929 01, Slovakia and/or the seat of the seller’s establishment at Jana Růžičky 1165/2A, Prague 4 – Kunratice, Czech Republic.

3d) Method of acceptance of the goods by an authorised person – the delivery of the Product to the Buyer is considered to be its acceptance by the Buyer or by another authorised person at the place of delivery at the time of delivery or at the seller’s registered office. The ownership right to the Product transfers to the Buyer with its acceptance under the condition of the payment of the full purchase price. The Buyer confirms the acceptance of the Product from the carrier through their signature or from an authorised person at the seller’s registered office. The risk of accidental destruction and accidental damage transfers to the Buyer with the acceptance of the goods.

3e) The Buyer and/or Customer acquires the ownership right to the ordered Product by accepting it and paying the purchase price for the ordered Product in full. The risk of damage to the ordered Product transfers from the Seller to the Buyer at the moment of acceptance of the Product by the Buyer and/or Customer.

4. Price

4a) Product Price – the parties have agreed on the price of the Product that will be delivered to the Buyer, while this price is indicated in the binding order on the website biomefix.eu. The price is always indicated including the applicable VAT. The price may be paid by the Buyer only using the methods indicated on the website biomefix.eu. An invoice will be enclosed with the Product. The Buyer has the possibility to familiarise themselves with the term for which the Seller is bound by their offer. The Seller is bound by their offer, including the price for the Product, for the entire duration of the publication of the Product on the online store biomefix.eu. The final price of the Product is the summary price indicated on the order form just before the submission of the binding offer. The final price is indicated including VAT and the price for the payment and delivery methods that the Buyer shall pay. This price may only be changed on the basis of mutual agreement between the Seller and the Buyer.

4b) Payment conditions – the Buyer shall pay the purchase price for the Product no later than at the acceptance of the Product (in the event of payment on delivery), or by the deadline indicated on the invoice, unless the parties agree otherwise.

The Buyer may pay the purchase price in the following ways:

4c) Transport charges – a flat fee for the delivery of the Product via a courier company will be added to the price of the Product (see the preceding paragraph) only where the Product is sent outside the Slovak Republic, while the price of delivery by courier service will be indicated on the website biomefix.eu.

4d) Delivery conditions – the Seller shall perform an order from the Buyer and deliver the Product to the Buyer no later than 30 calendar days from its date of delivery. The Seller however usually dispatches the Product as soon as possible after receiving an electronic order.

In the event the date of delivery is extended, the Buyer will be informed by the Seller in a timely manner. The Seller does not bear responsibility for the delayed delivery of an ordered Product caused by a courier company or for damage to a consignment caused by a courier company. Where the Buyer or another authorised person does not accept a Product that was properly delivered to the place of delivery indicated on the order/order confirmation or at the seller’s registered office, the Seller will be entitled to seek compensation from the Buyer in the amount of the reasonably incurred costs connected to the performance.

Where, for reasons on the part of the Buyer, it is necessary to deliver ordered Products to the Buyer repeatedly and/or the Buyer did not take them over at the seller’s registered office and/or it was necessary to deliver them in a different way than the way selected by the Buyer in the applicable order, the Seller will gain entitlement to compensation of such costs.

The arranged quantity of the goods is only approximate. The Seller retains the right to deliver goods with a deviation of +/-10% of the arranged quantity of the goods (hereinafter the “deviation”) as this depends on the manufacturing process and the consumption of material.

 

5. Warranty claims

5a) A warranty period for all Products purchased through the Seller is provided equal to the date of expiration (best-before date) indicated on the packaging of the Product.

5b) Where the Seller fails to perform their obligations arising from a contract properly and in a timely manner, or where the Product has defects, the Buyer shall make a warranty claim for the Product with the provider without undue delay, however no later than by the end of the warranty period for the Product.

5c) The Buyer shall exercise a warranty claim in writing by e-mail and shall indicate in it the number of the order, describe the defect in the delivered Product, and the preferred way of handling the warranty claim (replacement of the Product, withdrawal from the contract with refund of the purchase price of the Product, the provision of a reasonable discount on the purchase price of the Product).

5d) The Seller shall settle a warranty claim without undue delay, however no later than 30 calendar days from the date of its proper exercise. Where a warranty claim is rejected, the Seller shall issue to the Buyer a written justification (while written form includes, for the purposes of the warranty procedure, e-mail).

5e) Where the Buyer properly exercises a legitimate warranty claim, they have the right to the rectification of the defect in the Product and, where this is not possible, the right to a reasonable discount on the price, or may withdraw from the contract. Where the terms and conditions for withdrawal from the contract for reasons on the part of the Seller are met, the Buyer has the right to the refund of the price of the Product.

5f) The Seller is responsible for defects in a delivered Product at the time of acceptance by the Buyer. Where Products are sold at a reduced price, they are not responsible for a defect that was the reason for the arrangement of the reduced price with the Buyer. Where the Products have been used, they are not responsible for defects that arise as a result of their use or wear and tear. The Seller is not responsible for defects in Products caused by the Buyer or by other persons or circumstances on the part of the Buyer – e.g. through improper storage or maintenance, or through other use of the Product by the Buyer.

 

6. Withdrawal from the contractual relationship

6a) The Buyer has the right to cancel an order via e-mail or by telephone without providing a reason at any time before the sending of the Product and/or before agreed date of acceptance of the Product at the seller’s registered office. Where a Product is not delivered due to force majeure, the Seller shall without delay inform the Buyer about the reason for the failure to deliver. Where the purchase price or part thereof has been paid, where the order is cancelled the funds will be refunded to the Buyer to the specified bank account no later than within fourteen (14) calendar days.

6b) A Buyer that is a consumer has the right to withdraw from a contract under the provisions of the Civil Code if the contract was concluded remotely (by internet, e-mail, telephone), without the provision of a reason and without any penalty. Where a Buyer/consumer decides to exercise this right, they shall send their withdrawal from the contract to the Seller no later than the 14th day after the day on which they or a third party they determined, with the exception of the carrier, accepted the Product. The Buyer may exercise the right to withdraw from the contract with the Seller in paper form using the address: McCarter a.s. Bajkalská 25, Bratislava, 821 01, Slovakia, or by e-mail using the address info@bodyandfuturelab.com in a way that raises no doubts that they wish to withdraw from the contract. The Buyer shall send to the Seller, together with the Product, a signed written declaration of withdrawal from the contract indicating their name and surname, address, order number, order date, and account number for financial settlement.

6c) Where there are doubts as to delivery, a notice of withdrawal sent by the Buyer will be considered delivered with the expiration of the time appropriate to the delivery method used, where the Buyer is able to demonstrate its sending to the address communicated to the Buyer by the Seller in accordance with Section 3(1)(b) to (d) of Act No 102/2014, on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or an off-premises contract, the change of which was properly notified to the Buyer by the Seller after conclusion of the contract. Where a postal consignment, the content of which is notification of withdrawal from a contract, cannot be delivered to the Seller for reasons under a special regulation (refusal of the consignment, failure to accept within the collection period, or unknown addressee), the notification of withdrawal from the contract will be considered delivered on the day of its sending to the last known address of the Seller.

6d) The Buyer shall return the Product together with proof of purchase no later than 14 days from the date of withdrawal by post to the address of the Seller: McCarter a.s. Bajkalská 25, Bratislava, 821 01, Slovakia. The Seller will not accept payment on delivery consignments. After valid withdrawal from the contract, the Seller will return to the Buyer all payments that the Buyer demonstrably made in connection with the conclusion of the purchase contract, in particular the purchase price, including the costs for the delivery of the goods. The Seller is not however obligated to pay to the Buyer any additional costs where the Buyer selected a different method of delivery than the cheapest normal method of delivery offered by the Seller. Additional costs are understood to be the difference between the costs for the method of delivery that the Buyer selected and the costs for the cheapest normal method of delivery offered by the Seller. Refunds will be made to the Buyer no later than 14 calendar days from the day on which notification of withdrawal from the purchase contract by the Buyer is delivered to the Seller. Payment will be made using the same method that the Buyer used when making the payment to the Seller, unless the Buyer indicates a different method of payment in the written notification of withdrawal from the contract, without the charging of any other fees. The Seller is not obligated to refund to the Buyer the price paid for the relevant Product before the Product is returned by the Buyer or where the Buyer is unable to demonstrate the return of the Product to the Seller.

6e) In the event of withdrawal from a contract, the Buyer will bear the direct costs for returning the Product to the Seller. Direct costs connected with the return of the Product cannot be reasonably calculated in advance. According to the information available, such costs are estimated as between EUR 2 and EUR 15. The Buyer is only liable for any reduction in the value of the Product as a consequence of its handling in a different manner than indicated on the packaging of the Product.

6f) Where the Buyer fails to perform any of their obligations under these General Terms and Conditions indicated above, withdrawal from a contract is not valid and effective and the Seller is not under obligation to refund all the demonstrable payments under these General Terms and Conditions to the Buyer and at the same time will be entitled to the compensation of the costs connected with the sending of the Product back to the Buyer.

6g) Points 6a to 6g of these General Terms and Conditions explicitly do not apply for persons that do not meet the definition of a consumer indicated in Section 2(a) of Act No 250/2007, on consumer protection.

 

7. Protection of personal data

7a) Personal data of the Buyer (the Data Subject) deemed necessary for communication purposes shall be processed and utilised solely for the execution or modification of a contract that has been established. The legal basis for processing the Data Subject’s personal data (encompassing the name, surname, telephone number, email, and permanent address, inclusive of postal code) is Sec. 13(1)(b) of Act No. 18/2018 Coll. on the Protection of Personal Data and on Supplements and Additions to Certain Acts (processing of personal data is deemed necessary for the execution of a contract in which the Data Subject is a participating party, or the implementation of pre-contractual measures taken at the Data Subject’s request).

7b) The Seller undertakes the processing of Data Subjects’ personal data for marketing objectives, predicated upon the request of the Data Subjects or upon the consent of the Data Subject in accordance with Sec. 13(1)(a) of Act No. 18/2018 Coll. on the Protection of Personal Data and on Supplements and Additions to Certain Acts. By placing an order for a Product through the biomefix.eu online store, registering at the biomefix.eu online store, or for other pertinent purposes, the Data Subject hereby voluntarily consents to the processing of their personal data for the aforementioned purpose. This consent is revocable at the discretion of the Data Subject at any time. Express consent from the Data Subject is obtained by checking the designated box prior to confirming the order or during registration at the biomefix.eu online store, signifying agreement to the processing and retention of personal data by the Seller, encompassing name, surname, and email address, for the purposes of disseminating newsletters and processing within the Seller’s IT infrastructure. The Buyer grants the aforementioned consent to the Seller for a specific duration until the objective for processing ceases to exist.

7c) The personal data of the Buyer is maintained and processed in compliance with the pertinent policies and stipulations of Act No. 18/2018 Coll. on the Protection of Personal Data and on Supplements and Additions to Certain Acts. The Buyer retains the entitlement to access their personal data, effect rectifications, and exercise all other pertinent rights concerning their personal data. Furthermore, the Buyer possesses the right to revoke their consent in writing at any given time. All personal data gathered from the Buyer is utilised solely for the internal requirements of the Seller and is not disseminated to third parties, save for instances involving Product suppliers, who are privy to the minimal essential personal data required for the performance of the contract. The personal data of the Buyer is comprehensively safeguarded against misuse, and stored in a manner that precludes access by third-party applications.

7d) Legal basis for processing the Buyer’s personal data, specifically for the dissemination of newsletters by the Seller, encompassing special offers, is grounded upon the consent of the Buyer in accordance with Sec. 13(1)(a) of Act No. 18/2018 Coll. on the Protection of Personal Data and on Supplements and Additions to Certain Acts. The Buyer possesses the right to revoke their consent at any given time.

7e) The Seller conducts an analysis of the usage of its websites biomefix.eu for statistical intents, such as monitoring the quantity of website visitors and the origins of website access. This information is quantitative in nature and devoid of personal data. Its primary function is to facilitate internal analysis aimed at enhancing the user experience of the Seller’s website.

7f) All materials and information published on the Seller’s websites represent the proprietary intellectual property of the Seller or its affiliated persons. These materials and information are not to be utilised or altered without the explicit consent of the Seller.

7g) The websites operated by the Seller might feature links to third-party websites; however, the Seller holds no responsibility for the content and services provided therewithin.

 

8. Alternative consumer dispute resolution

8a) Any disputes arising in connection with the existence, validity, content, interpretation or implementation of these GTC, in particular in connection with the purchase of Products through this online store, will be preferentially addressed through alternative dispute resolution in accordance with Act No 391/2015, on alternative consumer dispute resolution.

8b) Alternative dispute resolution (hereinafter only “ADR”) is a procedure by an alternative dispute resolution entity under Act No 391/2015, the purpose of which is to achieve the amicable resolution of a dispute between the parties. The Buyer has the right to contact the Seller with a request for remedy where they are not satisfied with the manner in which the Seller resolved a warranty claim or if they consider that the Seller has breached their rights. The Buyer has the right to submit a petition to commence alternative dispute resolution to an alternative dispute resolution entity if the Seller responded negatively to a request for remedy or did not respond within 30 days from its sending.

8c) ADR entities are entered on the list maintained by the Ministry of Economy of the Slovak Republic. The Slovak Trade Inspection is also an ADR entity.

8d) ADR may only commence on the basis of a petition from the Buyer. An ADR entity may reject a petition from the Buyer where the Buyer submits their petition after one year has passed from the date:

8e) The Buyer may also exercise their rights and claims against the Seller through alternative on-line dispute resolution. On-line dispute resolution is provided by the European Commission and the Slovak contact point for on-line dispute resolution (ODR).

8f) The Buyer may submit a complaint through the on-line dispute resolution (ODR) platform on the website: http://ec.europa.eu/consumers/odr/.

 

9. Force majeure

9a) The responsibility of the Seller for partial or full failure to perform their contractual obligations is excluded where this was due to circumstances excluding liability within the meaning of valid and effective generally binding legislation (in particular force majeure).

9b) Force majeure is considered to be mainly, but not exclusively: war, threat of war, other armed conflict or threat thereof, insurgency, sabotage, fire, terrorist attack or threat thereof, storm, flood, earthquake, natural or other disaster, explosion, government regulations or restrictions of the European Union or restrictions imposed by another body based on public authority, the emergence of a pandemic and the associated restrictions, shutdowns not caused by the Seller, total or partial destruction of the Seller’s or its suppliers’ plant or production line, destruction of the Seller’s delivery, change in customs and tax regulations, import and export quotas, export or import ban, strike, transport failure, traffic accident, gas, electricity or other energy outage, as well as any other causes the Seller could not have foreseen or prevented and which made it impossible to fulfil the obligation.

 

10. Final provisions

10a) These GTC will enter into force and effect on the date of their publication on the website biomefix.eu.

10b) The Seller retains the right to amend or supplement the wording of these GTC at any time. Any such change to these GTC will enter into force and effect on the date of its publication on the website biomefix.eu, unless another (later) date for its entering into force and effect is explicitly stated.

10c) When purchasing a Product, the GTC valid and effective at the moment of the sending of the order for the Product to the Seller, respectively at the moment of sending a corrected order to the Seller, are binding for the Buyer as Customer and for the Seller.

10d) All legal relationships arising in connection with the sale of Products under these GTC and not regulated through these GTC are governed by generally binding legislation of the Slovak Republic, in particular the Civil Code and the Consumer Protection Act.