- INTRODUCTORY PROVISIONS
These Commercial terms (hereinafter referred to as “Commercial Terms”) legal entity, BAREV HEALTH, Josepha Conrada 63, 31-357 Kraków, Poland consider the rights and obligations of the parties, arising with the purchase and sale contract (hereinafter referred to as “Purchase agreement”), concluded between the seller and the other person (“Buyer”) through the seller’s on-line shop. The on-line shop is the seller on the web-site, located at the address Healthapo.com (hereinafter referred as “Web-Interface”).
Commercial Terms do not apply to cases when the person intending to buy goods from the seller is a legal entity or a person acting on the order of goods within its own self-employment.
When accessing the website and placing orders, you agree to be bound by these Commercial Terms.
We recommend that you keep a copy of these Commercial Terms for future reference.
Terms retreating from agreements can be discussed in the purchase and sale contract.
- Change of the Terms and Conditions
We reserve the right to change or modify these Commercial Terms for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Commercial Terms for changes. If you do not agree to any of the Commercial Terms then you can simply stop using the Web-Interface at any time. If you have any questions, concerns, or comments about our Commercial Terms please email us at health@healthapo.com.
- User account
The buyer may access his own account through the buyer’s registration on the web site by using the user interface. With this user interface, the buyer can order products (“User account”). If the web-interface allows storing information, the buyer may order goods without registration directly from the web-interface of the shop.
Registering on the website and ordering products, the buyer should indicate all the data correctly and reliably.
The access to the user account is protected by the user name and the password. The buyer is obliged to maintain confidentiality of information required to access his/her user account.
The buyer is not allowed to grant the use of the user account to third parties.
The seller may remove the user account especially in case when the buyer does not use it for more than 12 moths or when the buyer violates its obligations under the purchase and sell contract.
- Product and Pricing information
All presentations of goods placed on the web interface of the on-line store are relevant. Price and availability information is subject to change at any time, without notice and at our sole discretion. We make no representations or warranties about the accuracy or completeness of the information on the web interface. There may be information on the web interface that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the web interface is inaccurate. We have made every effort to display product colors as accurately as possible, however, we cannot guarantee the display of any such color on your particular computer monitor or device will be accurate.
The prices for goods are quoted including VAT and all related fees.
The web interface of the on-line store also includes information about the cost of packaging and shipping.
To order goods the buyer should fill in the order form on the web interface of the on-line store.
The order form contains in particular information about:
- Ordered goods (the buyer ‘adds’ ordered goods to the shopping cart on the web interface of the on-line shop),
- The payment method and the details of the required method of shipping of ordered goods,
- The information on costs related to the delivery of goods (collectively referred to as “Order”).
The buyer sends the order to the seller by clicking on the button “Send order”. Details specified in the order are considered by the seller as reliable. The seller confirms the receipt to the buyer immediately after receiving the order by sending the e-mail to the buyer’s e-mail address specified in the user interface.
The seller always has the right depending on the format of the order (the number of goods, the purchase price, the estimated shipping cost) to ask the buyer for the extra order confirmation (for example by the e-mail or by phone).
The seller is obliged to deliver the goods specified in the purchase and sale contract, except the case when the goods are out of stock.
- Payment & Delivery Methods
For more info see our Payment & Delivery Terms
- Payment Terms
The buyer can pay the price of the goods and any expenses related to the delivery of goods under the purchase and sale contract to the seller as follows:
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- in cash or by credit card at the seller’s office at Josepha Conrada 63, 31-357 Kraków, Poland
- non-cash way through the Bank Transfer, by cards (Visa or MasterCard)
Read more about payment options for the goods in the section “Payment & Delivery Methods”
Along with the purchase price the buyer is also obliged to pay the seller the cost of packing and shipping of goods at an agreed rate.
The seller does not require advance payment or any other payment from the buyer. This does not affect the Bank Transfer regarding to the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash or cash on delivery the purchase price should be paid after receiving the goods.
In the case of non-cash way payment the purchase price should be paid within 7 days from the moment of the conclusion of the purchase and sell contract.
- Deviations from the Contract
The buyer notes that, in accordance with the terms of section 1837 of the civil code, he/she cannot withdraw from the purchase and sale contract in particular, which has been adjusted in accordance with the desire of the buyer or to his/her person, from the purchase and sell contract for the supply of perishable goods irrevocably mixed with other goods, from the purchase and sell contract for the supply of goods in sealed packaging, which the buyer has removed from the packaging and for hygiene reasons it cannot be returned if their original packaging is violated.
In the case of termination of the purchase and sale contract in accordance with the Contract cancelation the goods must be returned to the seller within 14 days after sending to the buyer. In case if the buyer dissolves the purchase and sell contract, the buyer should repay the cost of returning the goods to the seller even if the goods cannot be return by the usual mail route.
- Cancellation and Seller´s liability for defects
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- Contract cancellation
The buyer is entitled to cancel the contract for convenience within 14 days of the receipt of the goods (or, in the case of a purchase contract for several types of goods or partial deliveries, within 14 days of the receipt of the last delivery; or, in the case of a purchase contract for regular deliveries, within 14 days of the receipt of the first delivery).
With respect to the right to cancel the contract, the buyer must inform the seller about their decision to do so, i.e. the Apozona s.r.o. having its registered seat at Jana Želivského 2726/2, Žižkov, 130 00 Prague, Czech Republic, ID/IČO 09918493; through our Customer service line: +420 776-514-277, or via e-mail to health@healthapo.com as a unilateral legal act (e.g. in a letter sent via a provider of postal services, fax or e-mail). The buyer is not entitled to cancel the contract for convenience in the event of partial consumption of the goods. If the returned goods are incomplete, damaged or visibly used, the seller may claim damages.
Should the buyer cancel the purchase contract, the seller shall refund the price paid without an undue delay, but in any event within 14 days of the day of receipt of the contract cancelation notice, along with all delivery charges (with the exception of additional costs incurred due to the selection of a delivery method which is different from the cheapest standard delivery method offered by the seller). The seller shall make the refund using the same payment method that the buyer used for the initial transactions, unless explicitly stated otherwise by the buyer. The buyer shall in no event incur any other costs. The seller shall make the refund, once the seller has received the returned goods or once the buyer has proved to have sent the goods back, whichever is earlier. The buyer must return the goods without an undue delay, but in any event within 14 days of the date of contract cancelation. The aforementioned deadline is thought to be complied with as long as the buyer sends the goods back to the seller prior to the expiry of the 14-day period. The buyer shall be responsible for the reduction in the value of the goods caused by the handling of the goods in a manner which exceeds the acceptable familiarization with the nature and properties of the goods, including their function. Non-refundable items due to health and hygiene purposes – skin care products, body care products and other cosmetics or medicines. We do not allow exchanges or refunds for any products which you have an allergic reaction too. If you do experience an allergic reaction cease use. Healthapo is not responsible for any individual reaction to any particular ingredient. It is the customers responsibility to know which products or ingredients he or she is allergic to. We cannot verify evidence of an adverse reaction with an online customer due to their inability to present in person.
Contract cancellation is not an option for products which were engraved on demand.
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- Seller´s liability for defects
Rights and responsibilities of contracting parties in regard to rights to defective work are governed by applicable law in general (in particular, provisions of sections 1914-1925, sections 2099-2117 and 2161-2174 The Civil code).
The seller is responsible to the buyer for the fact that the goods do not have defects.
The goods are correspond to the quality or agreed pattern or original.
The goods are in the appropriate amount, degree or weight.
The goods are correspond to the requirements of legislation.
However Healthapo is not liable for defects resulting from inappropriate selection of goods, caused by improper handling or mechanical damage, resulting from non-observance of the instructions/instructions for use of the product, using the goods in violation of the declared purpose, non-observance of the method or failure to report a defect without undue delay. In such cases, the limitation of liability may be categorized as causing a defect by the buyer.
Read more here: Return of goods and complaints
- Other Rights and Responsibilities of Contracting Parties
The buyer gets the ownership of the goods by paying the full purchase price of the goods.
The buyer accepts that the software and other components of the web interface of the on-line shop (Including photos of the offered goods) are protected by the copyright. The buyer agrees that he will not engage in any activity, which would allow him or third parties to misuse the software or other components of the web interface of the on-line shop.
The buyer has no right to use the mechanisms, which can negatively affect the work of the web interface of the on-line shop.
The buyer accepts that the seller is not responsible for errors related to the activity of third parties on the website or as a result of using website contrary to the appointment.
- Vouchers and Discount codes
While placing your order, you will find the box where you can enter your discount code. You must take care when entering codes as they are case and space sensitive. You may only redeem one code at a time so we advise you to choose the promotion best suited to your purchase. Discount codes cannot be used in conjunction with any other offer. If you have any questions about the discount codes, please feel free to contact us.
- Shipping the Trade Agreements and Storage
The buyer agrees to receive information related to the goods, the seller’s services
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- by the buyer’s e-mail address and agrees to receive the seller’s commercial messages
- by the buyer’s e-mail address.
Dispatch of commercial messages can be edited with the user account.
- Final provisions
If the relations of the purchase and sale include an international (foreign) element then both parties agree that relations are regulated by Czech law. This does not affect the rights of buyers in accordance with the generally accepted law.
Any disputes arising between Apozona and the Buyer may be settled out of court. The Buyer may contact the extrajudicial dispute resolution entity, such as the Czech Trade Inspection Authority or resolve the dispute on-line with the competent entity. Healthapo, however, recommends the Buyer to first contact us to address the situation.
If any of these Commercial Terms are found to be invalid by any court or regulator, the other Commercial Terms shall continue to apply.
The purchase and sale contract is archived by the seller in electronic form.