Terms and conditions

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (" TC ") apply to purchase contracts concluded remotely via the online store https://aniball.cz (" e-shop ").

1.2. The Buyer is understood to be a consumer or another person who concludes a purchase contract with the Seller for a purchase in the e-shop. A consumer is a person who, when concluding and performing a purchase contract, is not acting within the scope of his business activity, employment or profession.

1.3. The seller is the company RR Medical sro, which operates the e-shop.

1.4. The contractual relationship between the buyer and the seller is governed by these Terms and Conditions, the content of the purchase contract (order) and the buyer is also obliged to familiarize himself with the Statement on the processing of personal data available here .

1.5. If the buyer does not understand anything or has other questions, he is obliged to contact the seller using the contacts below.

2. CONTENTS

3. SELLER CONTACT DETAILS

3.1. Name: RR Medical sro

Registered office: 664 41 Troubsko, Jihlavská 671/7

Office: 664 41 Popůvky, Vintrovna 433/3e

Please provide the address of the establishment in the event of a complaint, withdrawal from the contract and correspondence.

ID number: 01999541, VAT number: CZ01999541

Registered: in the Commercial Register kept by the Regional Court in Brno, Section C, File 79982

3.2. Email: info@aniball.cz

Phone: +420 734 751 794

4. GENERAL PROVISIONS

4.1. By sending a binding order, the Buyer confirms that he accepts the Terms and Conditions for the delivery of goods offered by the Seller. The relationship between the Buyer and the Seller is governed by these Terms and Conditions, which are also binding for both parties.

4.2. Information about the goods and the price stated by the seller are binding except in case of obvious error. Prices are presented including all taxes (e.g. VAT) and fees, except for the costs of delivering the goods.

4.3. The photographs shown on the store's website correspond to the goods sold.

4.4. The seller makes the instructions for use available in electronic form before the conclusion of the contract. Instructions for downloading the Aniball medical device here and Aniball INCO here .

4.5. Conditions and relationships not specified in these Terms and Conditions are governed by the laws of the Czech Republic.

5. PROCEDURE FOR CONCLUSION OF A PURCHASE CONTRACT

5.1. A purchase contract may be concluded by a natural or legal person.

5.2. A person who wants to purchase goods in the e-shop selects them and places the selected goods in the basket by clicking on the appropriate "add to basket" button with the basket icon.

5.3. Once the buyer has selected all the preferred goods, clicking on the cart icon in the right header of the e-shop will display the contents of the cart.

5.4. By clicking on the checkout button, the buyer begins filling out the order.

5.5. The Buyer is entitled to choose one of the following procedures for completing the order:

5.6. Express checkout in the form of "Shop Pay"

• This is a service provided by an external vendor in the form of Shopify International Limited;
• The Service is governed by the terms available here and the policies available here ;
• To use the service, you must register with Shopify, access a user account, and accept the Shopify terms and conditions.

5.7. Express checkout in the form of "G Pay"

• This is a service provided by an external supplier in the form of Google Ireland Limited;
• The Service is governed by the terms available here and the policies available here.
• To use the service, you must accept Google's terms and conditions.

5.8. Standard order form completion

• The buyer is obliged to properly, correctly and completely fill in all mandatory information, i.e. information marked with an asterisk, namely name, surname, address;
• The buyer is obliged to choose the shipping method;
• The buyer is obliged to choose a payment method;
• The buyer chooses the billing address;
• If the buyer has a discount code, he/she fills it in the appropriate field; later use is not possible;
• The buyer then approves the order summary and checks the entire order, and if anything does not match, they take a step back and adjust the data.
• If everything is in order, the Buyer confirms the order by pressing the "Order binding for payment" button.
• The purchase contract is concluded when the order, which contains all the necessary information, is confirmed by the seller.
• Confirmation of the purchase contract occurs electronically by sending an e-mail delivered to the buyer's specified e-mail address.

6. DELIVERY OF GOODS

6.1. Each order will be confirmed immediately after sending in the form of an email message. This will be sent to the email address that the customer provided in the order and will contain the following information: customer details, delivery address, number of items ordered. This confirmation is sent automatically by the server.

6.2. If the goods are physically in stock, the seller will ship the goods within two working days at the latest.

6.3. If the goods are not in stock, the seller will contact the customer by email or telephone about the earliest possible delivery date.

6.4. The buyer is obliged to accept and pay for the goods. The buyer is advised to check the goods as soon as possible upon receipt.

7. METHODS OF TRANSPORT, SHIPPING AND PACKAGING

7.1. You can order goods using the following shipping and payment methods:

7.2. Mail order office – delivery points: 79 CZK, free for orders over 2000 CZK;

7.3. Mail order company – delivery to the address: 89 CZK, free for orders over 2000 CZK;

7.4. GLS: 69 CZK, free for orders over 2000 CZK;

7.5. PPL: 69 CZK, free for orders over 2000 CZK.

7.6. Delivery to your address is provided by the company (which you selected in your order), which will deliver the package to you the next day and if you are not at home, it will be delivered the following business day or, after agreement with you, it will be delivered to one of the delivery points.

7.7. Once the shipping company has picked up the package from our warehouse, they will send you an SMS (most shipping companies also send you an email) informing you that you can expect your package the next business day. On the day of delivery, they will specify the time when the courier will arrive.

7.8. You can pick up the goods you ordered in person throughout the Czech Republic at more than 1,900 locations of Zásilkovna. As soon as Zásilkovna takes over the shipment from our warehouse, you will receive an email with the tracking number of the package. When the order is ready for delivery, you will receive a notification via SMS and email.

8. PAYMENT METHODS AND THEIR COSTS

8.1. The goods can be paid for as follows with the following costs:

8.2. Payment gateway: Payment by credit card is made through the Shopify Payments system. The supplier's terms and conditions are available here: https://www.shopify.com/payments. After creating an order, the buyer is redirected to the bank's secure payment gateway, where he enters all the required data. If the transaction is authorized, the payment is made immediately, this payment method is free of charge.

8.3. Payment by credit card is the fastest and most convenient way to pay for your order, and it is also free and completely secure.

9. RIGHTS AND OBLIGATIONS OF THE BUYER WHO IS A CONSUMER

9.1. This article applies only to the Buyer who is also a consumer. A consumer is any person who, outside the scope of his business activity, outside the scope of his employer's activity or outside the scope of his independent profession, concludes a contract with an entrepreneur or otherwise deals with him.

9.2. The contact details to which the consumer can turn are listed above.

9.3. The purchase contract is concluded in the Czech language, is stored in electronic form with the Seller and is not publicly accessible.

9.4. The technical steps to conclude a purchase contract are described above.

9.5. Along with the binding confirmation of the order, it is necessary for the consumer to read these Terms and Conditions and, by checking the appropriate box, truthfully declare that he has done so,

9.6 The Seller is not bound by a code of conduct in relation to the Buyer.

9.7. Claiming defects:

• The seller is responsible to the consumer for ensuring that the goods comply with the purchase contract, including these Terms and Conditions.
• If not, the consumer may demand redress, a reasonable discount or withdraw from the contract. The seller is not obliged to comply with the request if the buyer knew about the defect or did not notify it without undue delay.
• In the event of resolving a defective performance, the buyer is obliged to provide the necessary cooperation.
• The complaint will be handled without undue delay, no later than within 30 days.

9.8. Right to withdraw from the contract without giving a reason:

• The consumer has the right to withdraw from the purchase contract within fourteen (14) days without giving any reason.
• The specified period runs from the date of receipt of the goods, and if the subject of the purchase contract is the delivery of several types (items) of goods, the period is calculated from the date of receipt of the last delivery of goods.
• The period for withdrawal from the purchase contract is deemed to have been observed if, during the period, the consumer sends the seller a notification to the contact details that he is withdrawing from the purchase contract.
• For the purposes of exercising the right to withdraw from the contract, the buyer must inform the seller, RR Medical sro with its registered office in Troubsko, Jihlavská 671/7, ZIP code 664 41, Company ID: 01999541, entered in the Commercial Register kept by the Regional Court in Brno, Section C, File 79982, at the address RR Medical sro, Vintrovna 5b, 664 41 Popůvky, or email: info@aniball.cz, of his withdrawal from this contract in the form of a unilateral legal act (for example, by letter sent via a postal service operator or by email).
• The consumer withdrawal form is available here .
• The consumer cannot withdraw from the contract in the cases specified in Section 1837 of the Civil Code, in particular:
• In accordance with Section 1837 letter g) of the Civil Code, the buyer cannot withdraw from the contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons.
• This statutory exception applies when the condition of sealed packaging is further supplemented by the circumstance that the goods cannot be returned after being removed from the packaging for hygienic reasons. Goods in so-called hygienic packaging cannot be returned not because they were only unpacked and could or have been used, but there must be real hygienic or health protection reasons for this. Aniball is a medical device that a woman inserts into her vagina. For hygienic and health protection reasons, it meets this statutory exception. Aniball cannot be returned when removed from the packaging for hygienic reasons.
• The buyer is entitled to withdraw from the contract at any time before the goods are delivered.
• If the buyer withdraws from the purchase contract, all payments received from the buyer, including delivery costs (except for additional costs resulting from the chosen delivery method other than the cheapest standard delivery method offered by the seller), will be refunded to the buyer without undue delay and no later than 14 days from the date on which the seller receives the notification of withdrawal from the purchase contract. The seller will use the same payment method that the consumer used to make the initial transaction to refund the payments.
• The buyer is obliged to send or hand over the purchased goods to the seller within the same period at the latest. The goods should be returned to the seller (not cash on delivery) complete, in the original (hygienic) packaging, and must not show signs of wear or damage. The costs of returning the goods are borne by the buyer.
• If the returned goods are incomplete, damaged or visibly worn, the seller may claim compensation for damages.
• The contract may be terminated (by withdrawal or termination) exclusively in the manner specified in this article, in accordance with the effective legal regulations and below in accordance with these Terms and Conditions.

9.9. The Seller hereby informs the Consumer about the existence of an out-of-court settlement of consumer disputes entity, which is the Czech Trade Inspection with the following contacts:

registered office at Štěpánská 567/15, 120 00 Prague 2,

phone: 296 366 360,

e-podatelna: https://www.coi.cz/podatelna/,

web address http://www.coi.cz.

9.10. If the consumer believes that the Seller has violated the consumer's legal rights in connection with the purchase of ordinary goods, he has the right to file a complaint with the Czech Trade Inspection Authority using the following contacts: (and add contacts according to coi.cz )

9.11. Consumers can use the ODR electronic platform to resolve disputes with online sellers. The ODR platform operates in all official languages ​​of the European Union, including Czech for Czech consumers, including for resolving disputes with foreign traders. The consumer fills out an electronic form on the website http://ec.europa.eu/odr , describes the case from his/her point of view, attaches relevant documents and sends it.

9.12. If the consumer believes that the Seller has violated the consumer's legal rights in connection with the purchase of a medical device, he or she has the right to file a complaint with the State Institute for Drug Control using the following contacts:

registered office at Šrobárova 48, 100 41 Prague 10,

phone: 272 185 111,

e-mail posta@sukl.cz ,

web address: https://www.sukl.cz/.

10. Complaints procedure

10.1. These complaints procedures govern all complaints about goods purchased in the e-shop.

• We will handle any complaints to your satisfaction by individual agreement with you and in accordance with the effective legal regulations. An invoice is attached to each item, which also serves as a warranty certificate. If the buyer discovers any difference between the sales document and the goods actually delivered (in type or quantity) or has not received a correctly completed warranty certificate with the shipment, he is obliged to submit a report addressed to our company without unnecessary delay. If he does not do so, he runs the risk that any later complaint will not be recognized. The buyer is obliged to inspect the goods after receiving them in order to detect any defects and damage.

10.3. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Consumer Protection Act).

10.4. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:

• the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
• the goods are in the appropriate quantity, measure or weight and
• the goods comply with the requirements of legal regulations.

10.5. The Buyer is entitled to exercise the right to claim for defects that appear in the goods within two years of receipt of the goods, unless otherwise stated in these GTC. This period does not run for the period during which the Buyer cannot use the item, if he has rightfully pointed out the defect. The provisions of the first sentence do not apply to goods that have a specified period of time for which they can be used in accordance with legal regulations, i.e. the shelf life or minimum durability (this is typically stated on the packaging, in the attached instructions or in advertising).

10.6. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has rightfully pointed out the defect. The provisions of the first sentence do not apply to goods that have a specified period of use in accordance with legal regulations, i.e. a shelf life or minimum durability (this is typically stated on the packaging, in the attached instructions or in advertising).

10.7. The rights arising from liability for defects in goods are exercised by the seller. The seller will send the buyer a written confirmation of the claim immediately after its application to the buyer's electronic address, stating the time and subject of the claim and the requested method of handling the claim. The seller will inform the buyer about the handling of the claim by e-mail to the buyer's electronic address and, if applicable, by telephone.

10.8. Complaints are handled by an authorized person with the following contact details: info@aniball.cz

10.9. The buyer may exercise rights arising from defective performance (complaint) only in cases where the performance is defective, i.e. the subject of performance is in conflict with the agreed subject of performance. The buyer is obliged to report any defects immediately.

10.10. If the seller or its supplier cannot fulfill its obligations due to force majeure or other serious reasons, the buyer is not entitled to any compensation.

10.11. Force majeure means, in particular, but not exclusively, any event that the seller cannot influence, such as defects, demonstrations, lockouts, sabotage and other unforeseeable circumstances.

10.12. The buyer has the right to compensation for the costs necessarily incurred in connection with the claim (e.g. postage costs). The nature of the defect and the buyer's contact information must always be stated. The buyer will be informed about the progress of the claim. The complaint protocol (confirmation of when the buyer exercised the right, what the content of the claim is, what method of handling the claim the buyer requests and the deadline for handling the claim) is sent to the buyer by e-mail immediately after receiving the claim.

10.13. The buyer, when claiming defects, has the following rights:

• if the defect is removable, the right to free, proper and timely removal of the defect, the right to replace the defective goods or defective parts, unless this is disproportionate given the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract,
• if it is an irremovable defect that prevents the proper use of the goods, the right to exchange the defective goods or the right to withdraw from the purchase contract, unless the defect was caused by careless handling of the product,
• if other defects are irremovable and if the item is not replaced, the right to a reasonable discount on the purchase price or the right to withdraw from the purchase contract.

10.14. The complaint, including any possible removal of the defect, will be handled without undue delay, no later than 30 calendar days from the date of the complaint, unless the seller and the buyer agree otherwise. The seller will issue the buyer with a confirmation of the date and method of handling the complaint, including a confirmation of any repair and its duration, or a written justification for rejecting the complaint.

10.15. Defect rights do not apply to:

• defects resulting from normal use,
• defects resulting from improper use of the product,
• defects caused by improper storage,
• defects that occur after the expiration date.

10.16. Procedure for making a complaint:

• Please inform us about your complaint by phone, email or in writing. The deadline for handling a complaint starts from the handover/delivery of the goods to the seller.
• Send the goods as a registered parcel (not cash on delivery) to our office address. The goods should be packed in suitable packaging during transport to prevent damage, and should be clean and complete.
• Please include the reason for the complaint and your address in the shipment. A complaint form can be downloaded here .
• Proof of purchase of the claimed goods in our store. When making a claim, it is necessary to present a tax document issued in the same name as the person claiming the product. If it is found that the product has been used by more than one person in an inappropriate manner (e.g. using oil), the claim will not be accepted.
• The seller is obliged to decide on the complaint without delay, no later than within three working days, or on the fact that an expert assessment is necessary for the decision. The information on the necessity of an expert assessment will be communicated to the buyer within this period. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than within 30 days of its submission, unless a longer period is agreed upon in writing with the buyer. After this period has expired, the buyer has the same rights as if it were a material breach of contract.

11. COMPLAINTS HANDLING PROCEDURE

11.1. The Buyer is entitled to file a complaint with the Seller.

11.2. The Seller has designated a person authorized to receive complaints and this person receives complaints at the e-mail address info@aniball.cz

11.3. The Seller will always confirm the registration of the complaint electronically.

11.4. In the event that the complaint is repeated, the designated person is responsible for discussing the complaint with the superior.

11.5. The Seller shall handle complaints without undue delay, no later than within 30 calendar days.

11.6. The buyer is informed about the method of handling the complaint electronically, no later than within the period specified in the first sentence of this provision.

11.7. If necessary for the effective exercise of the Buyer's rights, the Seller will inform the Buyer about other rights.

12. FINAL PROVISIONS

12.1. The Seller is entitled to withdraw from the purchase contract if this is permitted by effective legislation.

12.2. The Buyer is entitled to withdraw from the contract if this is permitted by effective legislation.

12.3. The buyer is entitled to cancel any order within 24 hours, by phone or email, without giving a reason. It is enough to provide the name, email and description of the ordered goods.

12.4. Mutual disputes between the seller and the buyer shall be resolved by the court of the Czech Republic with local and substantive jurisdiction.

12.5. The applicable law is Czech law.

12.6. In other matters not expressly agreed upon, the relationship between the seller and the buyer is governed by Act No. 89/2012 Coll., the Civil Code, as amended.

12.7. Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection.

12.8. OP version: September 2024.

RR Medical sro, Jihlavská 671/7, 664 41 Troubsko, ID: 01999541