GTC – General Terms and Conditions:
PROPHYLAXIS s.r.o.
Stránského 3140/39, Žabovřesky, 616 00 Brno
ID: 02748754
Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 83321
These General Terms and Conditions (“Terms”) of the Company regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as the buyer, and Us, as the seller, arising in connection with or pursuant to a purchase contract (“Contract”) concluded through the doctor’s ordering system on the v3.smartmedix.online website.
All information about the processing of your personal data is contained in the Personal Data Processing Policy.
The provisions of these Terms and Conditions form an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms.
As you know, we primarily communicate remotely. Therefore, our Contract is subject to the use of remote means of communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the environment of the ORDER FORM, through the interface of a website (the “Web Interface”).
If any part of the Terms contradicts what we have mutually agreed as part of your payment process on our ORDER FORM, that particular agreement will take precedence over the Terms.
1. It is a doctor’s ordering system to simplify and speed up patient-doctor communication and vice versa
1.1. The price is the amount of money including VAT that you will pay for the doctor’s services
1.5. The invoice/receipt is a tax document issued in accordance with the Value Added Tax Act for the Total Price
1.6. The Order is your binding proposal to conclude the Service Contract
1.7. User account is an account established on the basis of the data provided by you, which allows you to store the data entered and to keep a history of the services ordered and the concluded Contracts
1.8. You are the person paying on our order form, legally referred to as the buyer
1.9. Service is all you can pay for in our order form
TERMS OF DELIVERY:
2. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE
2.1. The price is always stated in the ORDER FORM, in the Order Proposal of the term and of course in the Contract. In the event of a discrepancy between the Price stated in the ORDER FORM and the Price stated in the Term Order Proposal, the Price stated in the Term Order Proposal shall apply and shall always be the same as the Price in the Contract. The Order Proposal shall also state the Price for shipping or the conditions under which shipping is free of charge
2.2. The total price is inclusive of VAT, including all charges stipulated by law
2.3. Payment of the Total Price will be required from you after the conclusion of the Contract and prior to the creation of the Order Term. You can make payment of the Total Price in the following ways:
a) By credit card or bank payment buttons. A basic explanation of the payment process can be found here
b) By bank transfer. In this case, payment is also made through a payment gateway, basic explanation of the payment process here
2.4 Online payments are handled for us by Comgate. The service provider, ComGate Payments, a. s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. For more information and contacts, please visit www.comgate.cz
2.5. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address after the consultation and available in the User Account
2.6. Ownership of the Service passes to you only after you pay the Total Price and create a Term Order. In case of payment by bank transfer, the Total Price is paid by crediting our account, otherwise it is paid at the moment of payment
TERMS OF COMPLAINT:
3. WITHDRAWAL FROM THE CONTRACT
3.1. 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 ways set out in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated
3.2. If you are a consumer, i.e. a person purchasing a service outside the scope of your business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, but not after the provision of the service/online consultation.
3.3. You may withdraw from the Contract by any demonstrable means (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 for withdrawal, which is attached as Annex 2 to the Terms and Conditions.
3.4. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in Section 1837 of the Civil Code.
3.5. The withdrawal period under Article 3.2 of the Terms and Conditions shall be deemed to have been observed if you send us a notice during the withdrawal period that you are withdrawing from the Contract
3.6. In the event of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited or to the account selected by the withdrawal.
3.7. We are entitled to withdraw from the Contract at any time before we provide you with a consultation if there are objective reasons why it is not possible to provide a consultation, even before the expiry of the time limit set out in clause 3.2 of the Terms and Conditions. We may also withdraw from the Contract if it is apparent that you have deliberately provided incorrect information in the Order. If you are purchasing a service in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason
4. PAYMENT CLAIMS or questions about them:
ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267