Terms and Conditions

  1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the company Ozone Effect s.r.o., with its registered office at Lidická 700/19, 60200 Brno, identification number: 221 60 639, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 141579 (hereinafter referred to as the "Seller"), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at www.ozoneeffect.care (hereinafter referred to as the "Website") through the interface of the Website (hereinafter referred to as the "Online Store Interface").

1.2. These Terms and Conditions distinguish between B2C and B2B customers.

B2C (Business-to-Consumer) refers to the sale of goods to end consumers (natural persons purchasing for personal use). B2B (Business-to-Business) refers to the sale of goods to companies or entrepreneurs who purchase goods for resale or for business purposes.

1.3. Types of Customers These Terms and Conditions apply to both B2C (end consumers) and B2B (business) customers. In cases where rights and obligations differ, this is specified within individual provisions.

1.4. Provisions differing from the Terms and Conditions may be agreed upon in the Purchase Agreement. Differing provisions in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.

1.5. The provisions of these Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and these Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in Czech.

1.6. The Seller may amend or supplement the wording of the Terms and Conditions. Translations of these Terms and Conditions are provided solely for the customers’ understanding; the legally binding version is the text in the Czech language. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the Terms and Conditions.

  1. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From this user interface, the Buyer may order goods (hereinafter referred to as the "User Account"). If the Online Store Interface allows, the Buyer can also order goods without registration directly via the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obligated to provide accurate and truthful information. The Buyer must update the information provided in the User Account upon any change. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is required to maintain the confidentiality of the information necessary to access their User Account.

2.4. The Buyer is not authorized to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 12 months or if the Buyer violates their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to the necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

  1. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the Online Store Interface is of informative character, and the Seller is not obliged to conclude a Purchase Agreement regarding this goods. The provision of § 1732 paragraph 2 of the Civil Code does not apply.

3.2. The Online Store Interface contains information about the goods, including the prices of individual goods and costs for returning the goods, if these goods cannot, by their nature, be returned by ordinary postal route. The prices of goods are listed inclusive of value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the Online Store Interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually negotiated terms.

3.3. The Online Store Interface also contains information about costs associated with packaging and delivering goods. Information about costs associated with packaging and delivering goods listed in the Online Store Interface applies only in cases where goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form in the Online Store Interface. The order form mainly contains information about:

3.4.1. the ordered goods (the ordered goods are "placed" by the Buyer into the electronic shopping cart of the Online Store Interface),

3.4.2. the method of payment for the purchase price of the goods, information on the required method of delivery of the ordered goods, and

3.4.3. information about the costs associated with delivering the goods (hereinafter jointly referred to as the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including the option for the Buyer to identify and correct errors made when entering data in the Order. The Buyer sends the Order to the Seller by clicking on the "Order with Payment Obligation" button. The information provided in the Order is considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer by electronic mail, to the email address of the Buyer specified in the User Account or in the Order (hereinafter referred to as the "Buyer’s Email Address").

3.6. The Seller is always entitled to request additional confirmation of the Order from the Buyer, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), for example, in writing or by telephone.

3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the Order acceptance (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer’s Email Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer, and these costs do not differ from the basic rate.

3.9. The online shop provides access to goods reviews from other consumers. The authenticity of these reviews is ensured by linking the reviews with specific orders, so it is not possible to review goods without making an order. This way, we can verify and prove that the review originates from a real consumer.

3.10. Right to withdraw from the agreement

B2C customers (end consumers) have the right to withdraw from the Purchase Agreement without giving any reason within 14 days of receiving the goods, in accordance with § 1829 of the Civil Code. B2B customers (business entities) do not have the right to withdraw from the agreement without giving a reason unless expressly agreed otherwise.

  1. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the price of the goods and any associated delivery costs under the purchase contract to the seller using the following methods:

  • Bank transfer to the seller's EUR account:

    • Account Number: 2803016240 / 2010
    • Account Holder: Ozone Effect s.r.o.
    • Currency: EUR
    • IBAN: CZ50 2010 0000 0028 0301 6240
    • BIC: FIOBCZPPXXX
    • Bank Address: Fio banka, a.s., Na Florenci 2139/2, 11000 Prague

  • Bank transfer to the seller's CZK account:

    • Account Number: 2803009761 / 2010
    • Account Holder: Ozone Effect s.r.o.
    • Currency: CZK
    • IBAN: CZ92 2010 0000 0028 0300 9761
    • BIC: FIOBCZPPXXX
    • Bank Address: Fio banka, a.s., Na Florenci 2139/2, 11000 Prague

  • Via Stripe online payment gateway.

4.2. Non-binding Pre-order:

The Seller offers customers the option of creating a non-binding pre-order, which does not require immediate payment. This pre-order includes a lifetime discount of 5% on Ozone Effect Care products currently available and offered on the e-shop at the time of the pre-order. This discount may not apply to products launched after the date of the pre-order if the Seller decides not to apply this discount to new products. By selecting the "Non-binding Pre-order" option, the Buyer is not obligated to make an immediate payment for the ordered goods.

4.2.1. Price Change Before the Start of Official Sales:

The Seller reserves the right to adjust the prices of products offered in the pre-sale before the start of official sales. In the event of a price change, the Buyer will be informed and given the option to adjust the order or cancel it without penalties if they do not agree with the new price.

4.3. Non-binding Pre-order Terms:

The Buyer selects the "Non-binding Pre-order" method when completing the order. The Seller will contact the Buyer at the start of official sales with the option to either pay for the order or cancel it. If the Buyer decides to cancel the order, they lose the right to the lifetime discount of 5% on Ozone Effect Care products. The delivery date for pre-ordered goods will be specified after the start of sales, and the Seller reserves the right to inform the Buyer of the specific delivery date. If the Buyer pays for the pre-order before the start of official sales (by bank transfer or online card payment), the products will be shipped only after the official sales begin. The start date of sales will be specified.

4.4. Along with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with packaging and delivering the goods at the agreed rate. Unless explicitly stated otherwise, the purchase price also includes costs associated with delivering the goods.

4.5. The Seller does not require an advance payment or similar payment from the Buyer unless payment is confirmed (see Article 4.3).

4.6. Advance Payment Option: The Seller is entitled, especially if the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before shipping the goods to the Buyer. This provision does not apply to non-binding pre-orders. The provision of § 2119 paragraph 1 of the Civil Code does not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. If it is customary in business or required by generally binding legal regulations, the Seller will issue a tax document – invoice – to the Buyer regarding payments made under the Purchase Agreement. The Seller is not a VAT payer. The tax document – invoice – will be issued by the Seller to the Buyer after payment of the goods price and will be sent in electronic form to the Buyer’s email address.

4.9. According to the Sales Records Act, the Seller is obligated to issue a receipt to the Buyer. At the same time, the Seller is required to register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

  1. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement, among other things, for the supply of goods that were customized according to the Buyer’s wishes or for their person, for goods subject to rapid decay, for goods that were irreversibly mixed with other goods after delivery, for goods in sealed packaging that the consumer has removed and cannot be returned for hygienic reasons, and for the delivery of audio or video recordings or computer programs if the original packaging has been damaged.

5.2. If it is not a case referred to in Article 5.1 of these Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receiving the goods, whereby if the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period runs from the day of receiving the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. The Buyer may use the withdrawal form provided by the Seller, which is attached to the Terms and Conditions, to withdraw from the Purchase Agreement. The Buyer may send the withdrawal from the Purchase Agreement, among other things, to the Seller’s place of business address or to the Seller’s email address at info@ozoneeffect.care.

5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Purchase Agreement is canceled from the beginning. The Buyer must return the goods to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, they bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by their nature by regular postal route.

5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of these Terms and Conditions, the Seller will refund the monetary funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, in the same way, the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or otherwise if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer returns the goods or proves that they sent the goods to the Seller.

5.5. The Seller is entitled to unilaterally offset any claim for damages caused to the goods against the Buyer’s claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received by the Buyer. In such a case, the Seller will refund the purchase price to the Buyer without undue delay, cashless, to the account specified by the Buyer.

5.7. If a gift is provided to the Buyer along with the goods, the gift contract between the Seller and the Buyer is concluded with a condition that if the Buyer withdraws from the Purchase Agreement, the gift contract regarding such a gift loses its effectiveness, and the Buyer is obliged to return the provided gift to the Seller along with the goods.

  1. TRANSPORTATION AND DELIVERY OF GOODS

6.1. Delivery Options The Seller offers various delivery options worldwide if the products comply with the legislation of the country where the order is to be delivered. The Buyer selects the shipping method and sees the shipping cost during checkout. In the event of a discrepancy between the delivery conditions in foreign-language versions of the e-shop and these Terms and Conditions, the Czech version of the Terms and Conditions prevails.

6.2. Delivery Time For products currently offered for pre-sale, the exact delivery time will be set after the start of their official sale. The Buyer will be informed of the estimated delivery date after the start of sales and order confirmation. For products already on sale, the estimated delivery time depends on the delivery location and the chosen shipping method, and will be confirmed after the order is dispatched.

6.3. Compliance with Local Legislation If the Seller’s products are not in compliance with the legislation of the country to which the order is to be delivered, the Seller reserves the right to cancel the order. In the event of cancellation due to non-compliance with local regulations, the Buyer will be informed, and any payment will be refunded. The Buyer is responsible for any applicable taxes, duties, and other charges that may be imposed upon importation of the goods into their country and is obligated to ensure compliance with the tax and customs regulations applicable at the delivery location.

6.4. Special Shipping Requirements If the shipping method is arranged based on a specific request by the Buyer, the Buyer assumes the risk and any additional costs associated with this shipping method.

6.5. Obligation to Receive Goods If the Seller is required under the Purchase Agreement to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to receive the goods upon delivery.

6.6. Repeated or Altered Delivery If it is necessary to deliver the goods repeatedly or by a method other than specified in the order due to the Buyer’s reasons, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or the costs associated with another delivery method.

6.7. Checking the Shipment Upon Receipt Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the goods' packaging and, in the event of any defects, to report these to the carrier immediately. If any unauthorized interference with the shipment is found, the Buyer is not required to accept the shipment from the carrier.

6.8. Special Delivery Conditions Other rights and obligations of the parties in the transportation of goods may be governed by the Seller's special delivery conditions, if issued by the Seller.

  1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by applicable generally binding legal regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller warrants to the Buyer that the goods are free of defects upon receipt. In particular, the Seller warrants to the Buyer that, at the time the Buyer took over the goods:

7.2.1. the goods have the qualities agreed upon by the parties, or, if no agreement was made, the qualities described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and based on the advertising for them,

7.2.2. the goods are fit for the purpose specified by the Seller for their use or for which goods of this type are typically used,

7.2.3. the goods correspond in quality or design to the agreed sample or model if the quality or design was determined based on an agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure, or weight, and

7.2.5. the goods comply with legal requirements.

7.3. The provisions of Article 7.2 of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed upon, to wear and tear caused by ordinary use, for used goods, for defects corresponding to the degree of use or wear that the goods had upon acceptance by the Buyer, or if it follows from the nature of the goods.

7.4. If a defect appears within six months of receipt, the goods are deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right arising from a defect that appears in consumer goods within twenty-four months of receipt.

7.5. The Buyer exercises rights arising from defective performance with the Seller at the address of the Seller’s place of business, where the claim can be received considering the assortment of goods sold, or possibly at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.

7.7. Different Warranty Periods for B2C and B2B Customers

  • B2C customers (end consumers) are entitled to a warranty period of 24 months unless otherwise expressly agreed.
  • B2B customers (businesses) are entitled to a warranty period determined either by specific agreement in the contract or by applicable legal regulations. For B2B customers, the length of the warranty period may be adjusted by agreement between the parties and does not have to match the warranty period for consumers.

  1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct towards the Buyer within the meaning of § 1826, paragraph 1, letter e) of the Civil Code.

8.3. The Seller handles consumer complaints through the email address info@ozoneeffect.care. The Seller will send information on resolving the Buyer’s complaint to the Buyer’s email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from the Purchase Agreement. 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 under the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://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 consumer dispute resolution online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).

8.6. The Seller is authorized to sell goods based on a trade license. Trade license supervision is performed within its competence by the relevant trade licensing office. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within a specified range, also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2, of the Civil Code.

  1. PERSONAL DATA PROTECTION

9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) related to the processing of the Buyer’s personal data for the purpose of fulfilling the Purchase Agreement, negotiating this agreement, and fulfilling the Seller’s public obligations, through a separate document.

  1. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The Buyer agrees to receive information related to the Seller’s goods, services, or business to the Buyer’s email address and also agrees to receive commercial messages from the Seller to the Buyer’s email address. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purpose of sending commercial messages through a separate document.

10.2. The Buyer agrees to the storage of cookies on their computer. In the event that the purchase on the website can be made and the Seller’s obligations under the Purchase Agreement fulfilled without the storage of cookies on the Buyer’s computer, the Buyer may withdraw the consent according to the previous sentence at any time.

  1. COMMUNICATION

11.1. The Buyer may be communicated with via the Buyer’s email address.

11.2. Communication is also considered delivered if the receipt has been refused by the addressee, has not been collected within the storage period, or has been returned as undeliverable.

11.3. The contracting parties may communicate with each other by ordinary correspondence via email to the email address specified in the Buyer’s user account or specified by the Buyer in the order, respectively, to the address provided on the Seller’s website.

  1. FINAL PROVISIONS

12.1. If a relationship established by the Purchase Agreement contains an international (foreign) element or the Purchase Agreement is concluded through the Czech website interface, the contractual relationship is governed by Czech law. By choosing the law according to the previous sentence, the Buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order, which cannot be contractually waived, and which would otherwise apply in the absence of a choice of law, under Article 6, paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, the Seller reserves the right to replace these provisions with new ones that comply with the legal order. Instead of invalid provisions, provisions whose meaning is as close as possible to the invalid provision shall apply. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4. The appendix to the Terms and Conditions consists of a sample form for withdrawal from the Purchase Agreement.

12.5. Contact details of the Seller:

Delivery Address: Lidická 700/19, 60200 Brno, Czech Republic
Email Address: info@ozoneeffect.care

  1. LOYALTY PROGRAM

13.1. Introduction The Seller offers B2C customers the opportunity to participate in a loyalty program that rewards consumers for their purchases and other activities on the e-shop by collecting points. B2C customers may use accumulated points as a discount on future purchases.

13.2. Loyalty Program Rules Detailed information on the loyalty program rules, ways of collecting points, and options for using them can be found on the dedicated "Loyalty Program" page. The loyalty program is intended exclusively for B2C customers and does not include B2B customers. The Seller reserves the right to change the conditions of the loyalty program at any time, including the value of points, the rules for their application, and other benefits provided under the program. The loyalty program and its benefits are not legally enforceable and are provided voluntarily. Customers will be informed of any changes through the e-shop or by email.

In Brno, on 20.10.2024

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