Terms & Conditions

I. Introduction

The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between TeleMedCare s.r.o. and the purchaser (“Purchaser”).

Purchaser is a consumer or an entrepreneur.

Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with TeleMedCare.

Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing the registration number in the order, the entrepreneur acknowledge having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.

By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with the Claims Code and Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
The Purchaser acknowledges that the registered trademarks, trade names, company logos, etc. of TeleMedCare or TeleMedCare´s contractual partners cannot be used by the Purchaser by virtue of having purchased the products offered by TeleMedCare, unless a specific agreement individually provides otherwise.
When accepting the goods, the Purchaser is issued an invoice.

II. Pre-Contractual Representations and Warranties

TeleMedCare represents and warrants that:

The cost of distance communication is subject to no additional fees (TeleMedCare charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider; unlike in case of contractual deliveries).
The Purchaser is required to pay the purchase price before accepting the goods from TeleMedCare or make an advance or similar payment for specific services if the same are offered by TeleMedCare and requested by the Purchaser.
TeleMedCare enters into no ongoing contracts. If such contracts are facilitated by TeleMedCare, the Purchaser is informed about the shortest binding term of such contract by the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant).
Unless stipulated otherwise, the licence fee stipulated in a licence agreement entered into for an indefinite period is agreed for the entire licence term.
The prices for goods and services displayed on the website operated by TeleMedCare are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.
Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:

i. receiving the goods (purchase agreements);
ii. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
iii. receiving the first delivery (ongoing contracts);
and do so in writing either by sending the notice of withdrawal to the the form available on the TeleMedCare website.

The consumer cannot withdraw from an agreement for the:

i. provision of services performed by TeleMedCare with previous explicit consent of the consumer prior to the expiration of the period of notice;
ii. delivery of goods/services offered for the price affected by deviations in the financial market beyond TeleMedCare’s control with a potential to occur during the period of notice;
iii. delivery of goods adjusted as per the requirements/for the needs of the consumer;
iv. delivery of fast moving consumer goods/goods irreversibly mixed with other goods after delivery;
v. repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
vi. delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for sanitary reasons;
vii. delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken;
viii. delivery of newspapers, periodicals and magazines;
ix. transport or leisure services provided by an entrepreneur within a defined period; and
x. delivery of a digital content (delivered other than on a physical carrier with previous explicit consent of the customer prior to the expiration of the period of notice whereby TeleMedCare underlines that an agreement for the delivery of an on-line content cannot be withdrawn).

The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer.
The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
Any complaints can be made by completing the contact form or reported to the supervisory/state supervision authorities.

III. Agreement
1. Execution
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by TeleMedCare and in particular by adding the requested product (goods, services, digital content) to the cart or using the “Buy Now” service (registered users only). The Purchaser may as well enter into the agreement with the assistance of TeleMedCare customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The purchase agreement is entered into upon the moment the Purchaser (having selected the shipping and payment method) submits the order and the order in question is received by TeleMedCare whereby TeleMedCare assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation email letter sent by TeleMedCare to the email address provided by the Purchaser.
The confirmation email letter is sent along with the TeleMedCare’s General Business Terms and Conditions and Claims Code. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.
2. Delivery
As TeleMedCare reserves the right of ownership to the product, the Purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licence or services.
Products to be shipped by TeleMedCare are delivered to the Purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the Purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for Purchasers-consumers are delivered by TeleMedCare to the Purchasers-consumers only after TeleMedCare receives the product in question from the shipping company.
If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the Purchaser rejects such items without undue delay.
TeleMedCare delivers the purchased product to the Purchaser in the agreed amount, quality and design.
If not agreed otherwise, the product is packed by TeleMedCare by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.
To minimise damage (if any) and ensure smooth delivery of goods ordered within a single transaction and/or day in excess of EUR 1000 incl. VAT, TeleMedCare reserves the right to deliver the goods to the Purchaser only after the purchase price is paid in full. Once the purchase price is paid in full by the Purchaser, the goods are dispatched by TeleMedCare as specified by the Purchaser in the order.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed faulty also if the Purchaser is delivered other than the ordered product or the documents necessary for the use of the product in question contain defects.
The Purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of TeleMedCare’s obligation.
The Purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the Purchaser.
The risk of damage passes to the Purchaser upon accepting the product in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by TeleMedCare to view and try the product.
Damage to the product occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of TeleMedCare’s obligation.
If one party is delayed in accepting the product, the other party may and can reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (TeleMedCare)
TeleMedCare guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, TeleMedCare guarantees to the Purchaser that, at the moment the product is received by the Purchaser:

The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by TeleMedCare or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
The product can be used for the purposes stated by TeleMedCare or for the purposes for which the product of that kind is usually used.
The product is provided in the corresponding quantity, measurement or weight.
The product complies with the requirements stipulated by law.

If the product is found faulty within six months after having been received by the Purchaser, the product is deemed to have been faulty already when received by the Purchaser.
Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods within 24 month after receipt. This does not apply to:

discount-related defects;
usual wear and tear;
defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or
cases implied by the nature of the case.

The Purchaser may and can claim faulty consumables (cosmetics, drugstore items, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the product, the warranty period is shortened and terminates on the date indicated on the packaging.
The Consumer acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt. The Consumer may and can claim faulty gifts only within 14 days of their receipt. The purchaser or enterpreneur cannot claim faulty gifts.
The warranty periods are stipulated in the Claims Code.
The warranty period for purchasers-entrepreneurs may be different; the different warranty period, however, applies only if explicitly stated.
Improper performance cannot be claimed if the Purchaser was aware about the defect before accepting the product or if the defect in question was caused by the Purchaser.
Discounted/used products found faulty can and may be subject to a reasonable discount rather than replacement.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the Purchaser may and can:

have the defect removed by being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;
have the defect removed by repair;
be given a reasonable discount on the purchase price; or
withdraw from the agreement.

When claiming the defect in question, the Purchaser informs TeleMedCare as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by TeleMedCare; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by TeleMedCare within a reasonable period or if the Purchaser is informed by TeleMedCare that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
In addition to cases where TeleMedCare cannot deliver a new defect-free product, replace the component part or repair the product, Purchasers-consumers may and can claim a reasonable discount also in cases where TeleMedCare fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.
Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, TeleMedCare may deliver the missing parts or remove the legal defect. Other defects can be removed at TeleMedCare’s discretion either by repair or delivery of a new product.
If TeleMedCare fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by TeleMedCare.
7. General Breach
The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the Purchaser may and can withdraw from the agreement.
Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the Purchaser.
8. Quality Warranty
In providing the quality warranty, TeleMedCare undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before date indicated on the packaging or advertised. The warranty may as well be arranged with reference to individual component parts of a product.
The warranty period commences on the day the product is delivered to the Purchaser. If the product is to be shipped to the Purchaser as agreed in the agreement, the warranty period commences only on the day the product is shipped to the designated place. If the purchased product is to be put into operation by a party other than TeleMedCare, the warranty period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the Purchaser no later than within three weeks after the product is received and that necessary assistance and co-operation of the Purchaser to render this service are provided.
The Purchaser cannot claim warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Purchaser.

IV. Withdrawal
1. Consumer
Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:

receiving the goods (purchase agreements);
receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
receiving the first delivery (ongoing contracts).

Consumers may withdraw from the agreement by completing and submitting the form; once submitted, the completed form is confirmed as received by TeleMedCare in writing without undue delay.
Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
TeleMedCare s.r.o.
H.Melickovej 43
841 05 Bratislava
If withdrawing from the agreement, the consumer is to return to TeleMedCare the goods delivered by TeleMedCare and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser. Any fuel tanks returned as part of the returned goods must be returned empty.
Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the Purchaser undamaged, unused and in the original packaging.
Consumers deciding to withdraw from the agreement in the given period are recommended by TeleMedCare to send the goods to TeleMedCare’s address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase and number of bank account so that the case can be addressed without delay.
Consumers are liable to TelemedCare for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Alza without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to TeleMedCare or after the consumers prove that the goods have been sent to TeleMedCare.
Consumers acknowledge that if the goods are delivered along with any gifts, TeleMedCare and the Purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, TeleMedCare may and can claim monetary compensation in the amount of ordinary price.

Purchasers failing to report the defect in due course cannot withdraw from the agreement.

V. Personal Data Protection and Security

TeleMedCare represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the Purchaser and for TeleMedCare’s marketing purposes (incl. marketing activities performed together with TeleMedCare’s contractual partners). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the Purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the Purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law. The Purchaser permits TeleMedCare to collect and process the disclosed personal data for the performance of the purchase agreement in question and for TeleMedCare’s marketing purposes (telemarketing, text messages and marketing information distributed directly by TeleMedCare or third parties; the consent is granted until revoked in writing by sending the notice of revocation toTeleMedCare or submitting the notice in electronic form, namely by using the contact form.
The terms and conditions for personal data protection are available and the personal data subject to the Purchaser’s consent are described here.
Customers making a claim with TeleMedCare are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.
Purchasers may and can access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.
In obtaining the consent to personal data processing, TeleMedCare may use cookies in compliance with Directive 95/46/EC (aka Cookie Directive) in order to make the provision of information services easier whereby TeleMedCare makes sure that the users are aware of the data and information stored in their end devices. The terms and conditions for the use of cookies are available here. The users may prevent the cookies from being stored in their end devices, for instance, by running the anonymous browsing function.
In order to prevent criminality and minimise the damage, TeleMedCare reserves the right to reject an order placed by the Purchaser from a blocked IP address listed on a blacklist. Purchasers encountering problems with placing their order may contact TeleMedCare by completing and submitting the contact form or contacting the call centre.
TeleMedCare reserves the right to collect data as to the users’ website activities and use the same in anonymised form to enhance its services.

VI. Business Hours

Orders placed in the TeleMedCare e-shop are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, TeleMedCare assumes no liability for non-observance of the stipulated business hours.

VII. Prices

The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
The “original price” refers to the price for which the goods/services/licences in question were originally offered in TeleMedCare’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers or other discounts; the latter being at all times displayed alongside the selling price, which better reflects the product’s market price level.
The Purchaser acknowledges that TeleMedCare and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal TeleMedCare system error of which the Purchaser is informed by TeleMedCare.
TeleMedCarereserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by TeleMedCare. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.

VIII. Orders

The price is stated on the order and in the text message confirming that the order has been placed. Orders can be placed as follows:
in the e-shop operated by TeleMedCare (e-shop)
TeleMedCare recommends placing the orders in the e-shop by logging into the Purchaser’s user account registered with TeleMedCare. If using public access, TeleMedCare further recommends logging out after placing the order.
Information about the exact shipping time is included in the email letter sent to the Purchaser. The shipping period and fees depend on the option selected by the Purchaser in the second step of placing the order.

IX. Payments

TeleMedCare accepts the following for methods of payment

cash on delivery (only Slovakia);
online card payment (MasterCard/Visa) with the card details entered by the Purchaser
G-Pay payments

Unless paid in full and received, the goods remain the property of TeleMedCare. The risk of damage passes to the Purchaser upon receipt.
Once the order is placed, the billing details of the Purchaser cannot be edited.
TeleMedCare reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.
Under the Sales Registration Act, TeleMedCare is required to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.

X. Delivery
1. Options
TeleMedCare delivers the goods in co-operation with a shipping company.
In case of force majeure or IT system disruption, TeleMedCare assumes no liability for late delivery of goods.
2. Other
To prevent damage/legitimisation of proceeds of crime (if any), TeleMedCare may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by TeleMedCare contractual partners to be collected.
When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by email to TeleMedCare and the damage be described in the report on damage executed with the shipping company representatives and sent to TeleMedCare by email without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s right to claim the warranty; yet, they enable TeleMedCare to prove that the same do not represent a conflict with the purchase agreement.

XI. Warranty

The warranty terms and conditions are governed by the Alza Claims Code and relevant law. In general, the warranty certificate is replaced by the proof of purchase (cf Claims Code).

XII. Miscellaneous

These General Business Terms and Conditions and parts hereto come into force and effect on September 1 2017, repealing the previous versions.