Terms and Conditions
Terms and Conditions
These general terms and conditions (“Terms”) of Oreon Trading & Marketing s.r.o., ID No.: 25880438, registered at the Regional Court in Ostrava, Section C, File 24347, e-mail eshop@oreon.cz telephone number +420 777 648 904, business address Sluneční 2370, Rožnov p.R. ("We" or "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll. the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the website www.somelierskepotreby.cz.
All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found HERE.
The provisions of these Terms and Conditions are an integral part of the Contract. The Contract and Terms and Conditions are written in the Czech language. We may unilaterally amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous wording of the Terms and Conditions.
As you are aware, we primarily communicate remotely. Therefore, our Agreement also uses means of remote communication that allow us to reach an agreement without the physical presence of both parties, and the Agreement is thus concluded remotely in the E-shop environment via the website interface ("E-shop web interface").
If any part of the Terms and Conditions contradicts what we have jointly agreed upon during your purchase process in our E-shop, this specific agreement shall take precedence over the Terms and Conditions.
1 SOME DEFINITIONS
1.1. The price is the financial amount you will pay for the Goods;
1.2. The Shipping Price is the amount you will pay for the delivery of the Goods, including the cost of packaging;
1.3. The Total Price is the sum of the Price and the Shipping Cost;
1.4. VAT is value added tax in accordance with applicable legal regulations;
1.5. An Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.6. An Order is your binding proposal to conclude a Contract for the purchase of Goods with Us;
1.7. A User Account is an account created on the basis of the information you provide, which allows to store the information you enter and keep a history of the Goods you have ordered and the Contracts you have concluded;
1.8. You are a person shopping at our E-shop, referred to as the buyer in legal regulations;
1.9. Goods are everything you can purchase in the E-shop.
2 General provisions and instructions
2.1. Goods can only be purchased via the E-shop web interface.
2.2. When purchasing Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you have provided to us in the Order to be correct and true.
2.3. Our E-shop also provides access to reviews of Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders, which means that we can see the linked order ID for each review in our internal system and are thus able to verify and prove that the review comes from a real consumer.
3 CONCLUSION OF THE CONTRACT
3.1. Contracts with us can only be concluded in the Czech language.
3.2. The contract is concluded remotely via the E-shop, and you bear the costs of using remote means of communication. However, these costs do not differ from the basic rate you pay for using these means (i.e. mainly for internet access), so you do not have to expect any additional costs charged by us beyond the Total Price. By sending the Order, you agree to our use of means of distance communication.
3.3. In order for us to conclude the Contract, you must create an Order on the E-shop. This proposal must include the following information:
a) Information about the Goods being purchased (in the E-shop, you select the Goods you wish to purchase by clicking on the "Add to basket" button);
b) Information about the Price, Shipping Cost, method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered when creating the Order in the user environment of the E-shop, whereby information about the Price, Shipping Cost and Total Price will be entered automatically based on the Goods you have selected, the method of delivery and payment;
c) Your identification and contact details used to deliver the Goods, , in particular your first name, surname, delivery address, telephone number and email address.
3.4. During the creation of the Order, you can change and check the details until it is completed. After checking the details, you can complete your Order by clicking on the "Order with obligation to pay" button. Before clicking on the button, however, you must familiarise yourself with these Terms and Conditions, which you confirm by clicking on the "Order with obligation to pay" button. After clicking on the "Order with obligation to pay" button, all the information you have entered will be sent directly to us.
3.5. We will confirm your Order as soon as possible after it is delivered to us by sending a message to the email address you provided in the Order. The confirmation will include a summary of the Order and these Terms and Conditions in the form of an attachment to the email message. The Terms and Conditions in the version effective on the date of the Order, i.e. in the version attached as an attachment to the confirmation email message, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.
3.6. There may be cases where we are unable to confirm your Order. This applies in particular to situations where the Goods are not available or where you order more Goods than we are able to supply. However, we will always provide you with information about the maximum number of Goods in advance in the E-shop, so this should not come as a surprise to you. If there is any reason why we cannot confirm your Order, we will contact you and send you an offer to conclude a Contract in a form that differs from your Order. In such a case, the Contract is concluded when you confirm our offer.3.7. If the E-shop or the Order contains a clearly incorrect Price, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In such a case, the new Contract is concluded when you confirm our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other retailers or a digit is missing or superfluous.
3.8. If the Contract is concluded, you are obliged to pay the Total Price.
3.9. If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. The method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.
3.10. In some cases, we offer discounts on the purchase of Goods. To receive a discount, you must fill in the details of the discount in the designated field when placing your Order. If you do so, the Goods will be provided to you at a discount.
4 User account
4.1. Based on your registration in the E-shop, you can access your User Account.
4.2. When registering a User Account, you are obliged to provide all information correctly and truthfully and to update it in case of any changes.
4.3. Access to the User Account is secured by a username and password. You are obliged to keep this access information confidential and not to disclose it to anyone. We accept no responsibility for any misuse of this information.
4.4. The User Account is personal, and you are therefore not authorised to allow third parties to use it.
4.5. We may cancel your User Account, especially if you have not used it for more than 2 years or if you breach your obligations under the Agreement.
4.6. Your user account may not be available continuously, particularly due to necessary maintenance of hardware and software equipment.
5 PRICE AND PAYMENT TERMS, RETENTION OF TITLE
5.1. The price is always stated in the E-shop, in the Order proposal and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which shall always be identical to the price in the Contract. The Order proposal also states the Price for transport, or the conditions under which transport is free of charge.
5.2. The total price is stated including VAT and all fees stipulated by law.
5.3. We will request payment of the Total Price after the conclusion of the Contract and before the delivery of the Goods. You can pay the Total Price in the following ways:
a) Bank transfer. We will send you the payment details in the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 4 working days at the latest.
b) Online card payment. In this case, the payment is made via the Comgate payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.comgate.cz/files/2024-obchodni-podminky-comgate-as-od-23-08-2024.pdf In the case of online card payment, the Total Price is payable within 2 working days at the latest.
c) Cash on delivery. In this case, payment will be made upon delivery of the Goods against handover of the Goods to the User. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
5.4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your email address. The invoice will also be available in your User Account.
5.5. Ownership of the Goods shall pass to you only after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price shall be deemed paid when credited to Our account; in other cases, it shall be deemed paid at the time of payment.
6 DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS
6.1. The Goods will be delivered to you within 14 days at the latest in the manner of your choice, whereby you can choose from the following options:
a) Personal collection at Zásilkovna collection points, GLS collection points;
b) Delivery via the GLS transport company
6.2. Goods can be delivered within the Czech Republic, Slovakia, Austria, Hungary and Poland.
6.3. The delivery time of the Goods always depends on their availability and the selected method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time specified in these Terms and Conditions is only approximate and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you of the possibility of collecting the Goods by e-mail.
6.4. Upon receipt of the Goods from the carrier, it is your responsibility to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately. In the event of damage to the packaging indicating unauthorised handling and access to the shipment, you are not obliged to accept the Goods from the carrier.
6.5. If you breach your obligation to accept the Goods, with the exception of cases under Article 6.4 of the Terms and Conditions, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, your failure to accept the Goods does not constitute a withdrawal from the Contract between us and you. However, in such a case, we shall be entitled to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we shall be entitled to a fee of CZK 50 from you. If we decide to withdraw from the Contract, the withdrawal shall be effective on the day on which we deliver the withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Shipping Price or the claim for compensation for damages, if any.
6.6. If, for reasons attributable to you, the Goods are delivered repeatedly or in a manner other than that agreed in the Contract, you are obliged to reimburse us for the costs associated with this repeated delivery. We will send the payment details for these costs to your email address specified in the Contract, and they are payable within 4 days of delivery of the email.6.7. The risk of damage to the Goods passes to you at the moment you take delivery of them. If you do not take delivery of the Goods, with the exception of cases under Article 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment you had the opportunity to take delivery of them but did not do so for reasons on your part. The transfer of the risk of damage to the Goods means that from that moment on, you bear all the consequences associated with the loss, destruction, damage or any depreciation of the Goods.
6.8. If the Goods were not listed as in stock in the E-shop and an approximate availability time was given, we will always inform you in the event of:
a) an extraordinary interruption in the production of the Goods, in which case we will always inform you of the new expected availability date or inform you that it will not be possible to deliver the Goods;
b) a delay in the delivery of the Goods from our supplier, in which case we will always inform you of the new expected delivery time.
7 RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. We guarantee that at the time of transfer of the risk of damage to the Goods pursuant to Article 6.7 of the Terms and Conditions, the Goods are free of defects, in particular that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
b) are suitable for the purpose for which you require them and with which we agree;
c) is delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
d) is fit for the purpose for which Goods of this type are normally used;
e) in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, it corresponds to the usual characteristics of Goods of the same type that you can reasonably expect, also taking into account public statements made by us or another person in the same contractual chain, in particular through advertising or labelling;
f) it is delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
g) corresponds in quality or design to a sample or model provided to you prior to the conclusion of the contract.
7.2. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended by later regulations).
7.3. If the Goods are defective, i.e. in particular if any of the conditions under Article 7.1 are not met, you may notify Us of such a defect and exercise your rights arising from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to Our addresses listed in Our identification details, or in person at the address of Our premises at Sluneční 2370, Rožnov p.R.. You can also use the sample form
provided by Us, which forms Annex 1 to the Terms and Conditions. When exercising your rights arising from defective performance, you must choose how you want the defect to be resolved, and you cannot subsequently change this choice without Our consent. We will handle the complaint in accordance with the rights arising from defective performance that you have exercised.7.4. If the Goods are defective, you have the following rights:
a) to have the defect removed by delivery of new Goods without defects or delivery of the missing part of the Goods; or
b) to have the defect removed by repairing the Goods,
unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method, which will 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 you.
7.5. We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value that the Goods would have without the defect.
7.6. You also have the right to:
a) a reasonable discount on the Price; or
b) withdraw from the Contract,
if:
a) we refuse to remedy the defect or fail to remedy it in accordance with the law;
b) the defect recurs,
c) the defect constitutes a material breach of the Contract; or
d) it is clear from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
7.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
7.8. If you have caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.
7.9. Wear and tear of the Goods caused by normal use or, in the case of used Goods, wear and tear corresponding to the extent of their previous use, shall not be considered a defect in the Goods.
7.10. When you make a complaint, we will issue you with a written confirmation stating:
a) the date on which you made the complaint;
b) the content of the complaint;
c) how you want the complaint handled;
d) your contact details for the purpose of providing information about the handling of the complaint.
7.11. Unless we agree on a longer period, we will remedy the defects within 30 days of receiving the complaint and provide you with information about the resolution of the complaint to the contact details provided. If this period expires without result, you may withdraw from the Contract or request a reasonable discount.
7.12. We will inform you about the handling of the complaint by e-mail and issue you with confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You are obliged to prove these costs, e.g. with receipts or confirmations of the cost of transport. If the defect has been remedied by the delivery of new Goods, you are obliged to return the original Goods to us, but we will cover the costs of this return.
7.13. If you are an entrepreneur, you are obliged to report and complain about the defect without undue delay after you have discovered it, but no later than three days after taking delivery of the Goods.
7.14. If you are a consumer, you have the right to exercise your rights arising from defective performance in the case of a defect that occurs in consumer Goods within 24 months of taking delivery of the Goods.8 Withdrawal from the contract
8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
8.2. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activities, you have the right, in accordance with the provisions of Section 1829 of the Civil Code, to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or in the case of the purchase of Goods, within fourteen days of their receipt. If we have concluded a Contract for several items of Goods or the delivery of several parts of Goods, this period shall commence on the date of delivery of the last item or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it shall commence on the date of delivery of the first delivery.
8.3. You may withdraw from the Contract in any demonstrable manner (in particular by sending an email or letter to Our addresses listed in Our identification details). You may also use the sample form provided by Us, which forms Annex 2 to the Terms and Conditions, to withdraw from the Contract.
8.4. However, even as a consumer, you may not withdraw from the Contract in cases where the subject matter of the Contract is performance specified in Section 1837 of the Civil Code.
8.5. The withdrawal period under Article 8.2 of the Terms and Conditions shall be deemed to have been observed if you send us a notice of withdrawal from the Contract during that period.
8.6. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Terms and Conditions, you are obliged to send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. On the other hand, you are entitled to a refund of the shipping costs, but only in the amount corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to our breach of the concluded Contract, we shall also cover the costs associated with returning the Goods to us, but again only up to the amount of the Shipping Cost corresponding to the cheapest method of delivery of the Goods that we offered for the delivery of the Goods.
8.7. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days of the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods or you prove to us that they have been sent back to us. Please return the Goods to us clean, if possible including the original packaging.
8.8. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Terms and Conditions, you are liable to us for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise yourself with the nature, characteristics and functionality of the Goods, i.e. in the manner in which you would familiarise yourself with the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off the claim for costs against your claim for a refund of the Price.
8.9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiry of the period specified in Article 6.9. of the Terms and Conditions. We may also withdraw from the Contract if it is apparent that you have intentionally provided incorrect information in the Order. If you are purchasing goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
9 Resolution of disputes with consumers
9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
9.2. We handle consumer complaints via the email address eshop@oreon.cz. We will send information about the handling of the complaint to the buyer's email address .
9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is competent to deal with out-of-court settlements of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, arising from a purchase contract concluded by electronic means.
9.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) No 524/2013 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 Final provisions
10.1. If Our and Your legal relationship contains an international element (i.e. we will send goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, this agreement does not affect your rights under the law.
10.2. We will deliver all written correspondence to you by e-mail. Our e-mail address is listed in Our identification details. We will deliver correspondence to your e-mail address listed in the Contract, in your User Account, or through which you contacted us.
10.3. The Agreement may only be amended by our written agreement. However, we are entitled to amend and supplement these Terms and Conditions, but such amendments shall not affect Agreements already concluded, only Agreements concluded after the effective date of such amendments.
10.4. In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational disruptions, subcontractor failures, etc.), we shall not be liable for any damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation lasts for more than 10 days, both we and you have the right to withdraw from the Agreement.
10.5. A sample complaint form and a sample form for withdrawal from the Contract are attached to the Terms and Conditions.
10.6. The Contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to You. However, You will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by email, so You will always have access to the Contract even without Our cooperation. We recommend that You always save the Order confirmation and the Terms and Conditions.
10.7. These Terms and Conditions shall take effect on 1 September 2023.
Appendix No. 1 – Complaint Form
Seller: Address for sending:
Oreon Trading & Marketing s.r.o., Oreon Trading & Marketing s.r.o.
Blodkova 1585/13 Sluneční 2370
709 00 Ostrava-Hulváky 756 61 Rožnov p.R.
Czech Republic Czech Republic
Complaints
Date of conclusion of the Agreement:
First name and surname:
Address:
Email address:
Goods being complained about:
Description of defects in goods:
Proposed method of handling the complaint*:
* repair, replacement of goods, reasonable discount, withdrawal from the contract
The statutory deadline for handling complaints is a maximum of 30 days, including the removal of the relevant defects.
Date:
Signature:
(TO BE COMPLETED BY THE SELLER)
We have accepted the above goods for complaint. Based on our inspection of the condition and in our opinion, the complaint WAS* / WAS NOT* justified.
Method of complaint resolution:
Date:
Seller's signature:
Appendix No. 2 - Form for withdrawal from the Contract
Seller: Address for returning goods:
Dr. Kulich Pharma, s. r. o., Atrium Pharmacy,
Piletická 178/61, Černokostelecká 2555/22a
500 03 Hradec Králové 3 251 01 Říčany
I hereby declare that I am withdrawing from the Contract:
Date of conclusion of the Contract:
First name and surname:
Address:
Email address:
Specification of Goods covered by the Contract:
Method of refunding the funds received, or bank account number :
If the buyer is a consumer, they have the right, in the event that they ordered goods through the e-shop somelierskepotreby.cz of Oreon Trading & Marketing s.r.o. ("Company") or other means of distance communication, except in cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or in the case of the purchase of goods, within fourteen days of receipt. In the case of a contract for several items of goods or the delivery of several parts of goods, this period shall commence on the date of delivery of the last item or part of the goods, and in the case of a contract under which the goods are to be delivered regularly and repeatedly, on the date of delivery of the first delivery. The buyer shall notify the Company of this withdrawal in writing to the address of the Company's place of business or electronically to the e-mail address provided on the sample form. If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods they received from it. If a buyer who is a consumer withdraws from the purchase contract, the Company shall return to them without undue delay, no later than 14 days from withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including delivery costs, which it received from them on the basis of the purchase contract, in the same manner. If the buyer has chosen a delivery method other than the cheapest one offered by the Company, the Company shall refund the buyer the delivery costs only in the amount corresponding to the cheapest delivery method offered. The Company is not obliged to refund the funds received to the buyer before it receives the goods back or before the buyer proves that he has sent the goods to the Company.
Date: 8 October 2025