for the online store www.biomefix.eu | version 2.1 | effective from 1 August 2026

BIOMEFIX s.r.o.
Pernerova 727/40a, Karlín, 186 00 Praha 8, Czech Republic
Company ID (IČO): 236 04 760 | VAT ID (DIČ): CZ23604760
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 429975
e-mail: info@biomefix.eu | web: www.biomefix.eu

ARTICLE 1
Introductory Provisions and Definitions

1.1 Introductory Provisions

These General Terms and Conditions (hereinafter the “Terms and Conditions”) govern the rights and obligations of BIOMEFIX s.r.o. as the seller and operator of the online store www.biomefix.eu (hereinafter the “Seller”) and of natural or legal persons who conclude a purchase contract or otherwise use its services through the online store (hereinafter the “Buyer”).

These Terms and Conditions are issued in accordance in particular with Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, and other legal regulations of the Czech Republic and the European Union.

1.2 Identification Details of the Seller

The Seller and operator of the online store www.biomefix.eu is:

BIOMEFIX s.r.o.
Pernerova 727/40a
Karlín
186 00 Praha 8
Czech Republic
Company ID (IČO): 236 04 760
VAT ID (DIČ): CZ23604760
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 429975.

Contact details:
e-mail: info@biomefix.eu
website: www.biomefix.eu

1.3 Manufacturer of the Goods

The goods offered through the online store are manufactured by McCarter a.s. as the Seller’s contractual manufacturing partner.

McCarter a.s. provides in particular manufacturing, packaging, and, as applicable, logistics and distribution services under a contractual relationship with the Seller.

This fact has no effect on the legal relationship between the Seller and the Buyer. All rights and obligations arising from the purchase contract arise exclusively between the Buyer and BIOMEFIX s.r.o.

1.4 Business Activity

Through the online store, the Seller offers in particular:

• food supplements,
• food for particular nutritional uses,
• functional foods,
• probiotic preparations,
• related products supporting a healthy lifestyle,
• other products included in the current range of the online store.

The Seller may continuously change or expand the range of products offered.

1.5 Definitions of Basic Terms

For the purposes of these Terms and Conditions, the following terms shall mean:

Seller – the company BIOMEFIX s.r.o.

Buyer – a natural or legal person concluding a purchase contract through the online store.

Consumer – a natural person who, when concluding and performing the contract, is not acting within the scope of their business activity or independent exercise of a profession.

Entrepreneur – a person acting within the scope of their business activity when concluding the contract.

Online Store – the website www.biomefix.eu, including all language versions and related digital services.

Goods – all products offered by the Seller through the online store.

Order – a legal act of the Buyer aimed at concluding a purchase contract.

Purchase Contract – a contract concluded between the Seller and the Buyer through the online store.

1.6 Territorial Scope

The online store is intended primarily for customers from member states of the European Union.

The Seller is entitled to change the range of countries to which it delivers goods, depending on its business and logistical possibilities.

The rights of Consumers arising from the mandatory legal regulations of the state of their habitual residence are not affected by these Terms and Conditions.

ARTICLE 2
General Provisions

2.1 Scope of the Terms and Conditions

These Terms and Conditions govern the mutual rights and obligations of the Seller and the Buyer arising in connection with the conclusion of a purchase contract through the online store www.biomefix.eu and when using other services provided by the Seller.

These Terms and Conditions form an integral part of every purchase contract concluded between the Seller and the Buyer through the online store.

Deviating arrangements agreed individually between the Seller and the Buyer take precedence over the provisions of these Terms and Conditions.

2.2 Nature of the Offer of Goods

All information about the goods provided in the online store is of an informative nature.

The publication of goods on the website does not constitute an offer to conclude a contract within the meaning of Section 1732(2) of the Czech Civil Code, unless expressly stated otherwise.

The purchase contract arises only in the manner set out in Article 3 of these Terms and Conditions.

2.3 Communication Between the Contracting Parties

The contracting parties communicate with each other in particular through:

• electronic mail,
• the customer account,
• the contact form,
• telephone customer support,
• or other means of communication published by the Seller.

The Buyer is obliged to provide correct, complete and up-to-date contact details and to notify any change thereof without undue delay.

The Seller bears no liability for consequences arising from the Buyer providing incorrect or outdated details.

2.4 Electronic Delivery

The Buyer agrees that all communication related to the conclusion and performance of the purchase contract may take place by electronic means.

The following, in particular, are deemed delivered:

• order confirmations,
• tax documents,
• shipping information,
• notice of a complaint,
• notice of withdrawal from the contract,
• other communications related to the performance of the contract.

Electronic messages are delivered to the electronic address provided by the Buyer. They are deemed delivered at the moment they enter the Buyer’s sphere of disposal, unless legal regulations provide otherwise.

2.5 Language of the Contract

The purchase contract is concluded in the language in which the Buyer completes the order through the online store.

The online store may be operated in several language versions.

In the event of a discrepancy between individual language versions, the language version used when concluding the purchase contract shall prevail for the specific contractual relationship.

2.6 Archiving of Contracts

Purchase contracts are kept by the Seller in electronic form for the period stipulated by the relevant legal regulations.

The Buyer may request access to data relating to their order, unless this is prevented by legal regulations or the legitimate interests of the Seller.

2.7 Consumer Contracts

If the Buyer is a Consumer, the mandatory provisions of the legal regulations governing consumer protection shall apply to the contractual relationship.

No provision of these Terms and Conditions may be interpreted in a way that would reduce the rights granted to the Consumer by legal regulations.

2.8 Compliance with Legal Regulations

The Seller carries out its business activity in accordance with the legal regulations of the Czech Republic and the European Union.

When operating the online store, it pays particular attention to:

• consumer protection,
• food safety,
• personal data protection,
• protection of intellectual property,
• the rules of electronic commerce,
• the principles of fair trading.

2.9 Changes to the Terms and Conditions

The Seller is entitled to reasonably amend or supplement these Terms and Conditions, in particular for the following reasons:

• changes in legal regulations,
• changes to the business model,
• expansion of the services offered,
• technical development of the online store,
• security requirements,
• changes of service providers.

The version of the Terms and Conditions in effect on the date the order is sent by the Buyer shall apply to each purchase contract.

In the case of contracts with recurring performance, the Buyer will be informed of material changes in a reasonable manner before they take effect.

ARTICLE 3
Conclusion of the Purchase Contract and the Ordering Process

3.1 Offer of Goods

The online store contains a current offer of goods, including their description, main characteristics, photograph, purchase price and other information required by legal regulations.

Photographs of products are predominantly illustrative in nature. The Seller makes reasonable efforts to ensure that the depiction of products corresponds to their actual appearance. Minor deviations caused by the technical characteristics of display devices or a change of packaging do not constitute a defect in the goods.

3.2 Nature of the Products

BIOMEFIX products are in particular food supplements, food for particular nutritional uses, or other foodstuffs placed on the market in accordance with the relevant legal regulations.

These products are not medicinal products or medical devices, unless expressly stated otherwise.

The products do not replace a varied and balanced diet or a healthy lifestyle.

All health claims are used only to the extent permitted by European Union legal regulations.

3.3 Creating an Order

The Buyer creates an order through the online store by selecting goods, adding them to the shopping cart, and filling in the details required to conclude the purchase contract.

The order contains in particular:

• the Buyer’s identification details,
• the delivery address,
• billing details,
• the chosen method of transport,
• the chosen method of payment,
• the specification of the goods ordered.

Before sending the order, the Buyer has the opportunity to check and correct all entered details.

3.4 Sending the Order

The order is sent at the moment the button labelled “Order with obligation to pay” or another similarly labelled button meeting the requirements of legal regulations is activated.

By sending the order, the Buyer confirms that they have read these Terms and Conditions, the Complaints Procedure, the Privacy Policy and other documents to which the online store refers.

3.5 Conclusion of the Purchase Contract

By sending the order, the Buyer makes an offer to conclude a purchase contract.

The automatic order confirmation serves only as confirmation that the order has been received into the Seller’s information system and does not constitute acceptance of the offer to conclude a contract.

The purchase contract is concluded at the moment the Seller sends the Buyer explicit confirmation of the order, or at the moment the ordered goods are dispatched, whichever occurs first.

3.6 Unavailability of Goods

If the ordered goods cannot be delivered, the Seller shall inform the Buyer of this fact without undue delay and shall offer them:

• delivery of a substitute product,
• delivery at a later date,
• or cancellation of the order.

If the purchase price has already been paid, the Seller shall refund it to the Buyer without undue delay, in the same manner in which it was received, unless the contracting parties agree otherwise.

3.7 Manufacturing and Logistics

The Buyer acknowledges that manufacturing, storage, order fulfilment and logistical arrangements for orders may be carried out through the Seller’s contractual partners, in particular McCarter a.s.

This fact has no effect on the position of BIOMEFIX s.r.o. as the exclusive Seller, nor on the Buyer’s rights arising from the concluded purchase contract.

ARTICLE 4
Price of Goods, Payment Terms and Delivery of Goods

4.1 Purchase Price

The purchase price of the goods is stated for each product in the online store and always includes value added tax (VAT) and all other statutory charges, unless expressly stated otherwise.

The purchase price does not include the costs of transport, cash on delivery, or other supplementary services, unless expressly stated otherwise in the online store. These costs are shown to the Buyer before the order is completed.

The Seller is entitled to change the prices of goods on an ongoing basis. A price change has no effect on purchase contracts concluded before the new price was published.

4.2 Obviously Incorrect Price

In the event of an obvious technical or administrative error in stating the price of goods, the Seller is not obliged to conclude a purchase contract at the price incorrectly stated in this way.

A price shall be deemed obviously incorrect if, in particular, it is clearly disproportionate to the usual value of the goods or has arisen from an evident error in the information system, human error or another technical malfunction.

If the Seller discovers such an error before the conclusion of the purchase contract, it shall inform the Buyer thereof and offer them the option to conclude the contract at the correct price. The Buyer is not obliged to accept this offer.

4.3 Methods of Payment

The Buyer may pay the purchase price in particular by the following methods:

• payment card through a secure payment gateway,
• online bank transfer,
• instant bank payment,
• transfer to the Seller’s bank account,
• cash on delivery, where this option is offered,
• another method stated in the online store.

The Seller reserves the right to change the range of payment methods offered according to its business or technical possibilities.

4.4 Tax Document

The Seller shall issue the Buyer with a tax document in accordance with the relevant legal regulations.

The tax document is normally delivered in electronic form to the e-mail address provided by the Buyer when placing the order.

The Buyer agrees to the issuance and delivery of the tax document in electronic form.

4.5 Payment Services

Electronic payments are processed through the GoPay payment gateway. Payment card details are entered by the Buyer directly into the secure environment of the GoPay payment gateway. The Seller does not have access to complete payment card details.

The Seller does not store complete payment card details of Buyers.

Where technologies enabling recurring payments or subscriptions are used, sensitive payment data is stored and processed exclusively by GoPay in accordance with the PCI DSS security standards and applicable legal regulations.

4.6 Delivery Terms

The Seller shall dispatch the ordered goods without undue delay after the conclusion of the purchase contract and fulfilment of all conditions necessary for its dispatch.

The estimated delivery time stated in the online store is indicative only.

The Seller is not liable for delay caused by an extraordinary, unforeseeable and insurmountable obstacle beyond its control. This does not affect the Seller’s liability towards the Consumer for the proper performance of the purchase contract, nor the fact that the risk of damage to the goods passes to the Consumer only upon its receipt.

4.7 Transfer of Risk of Damage

The risk of damage to the goods passes to the Buyer at the moment of receipt.

If the Buyer is an Entrepreneur, the risk of damage passes at the moment the goods are handed over to the first carrier, unless otherwise agreed between the contracting parties.

4.8 Receipt of the Shipment

The Buyer is obliged to check the integrity of the shipment upon receipt.

If obvious damage to the packaging or other signs of unauthorised tampering are found, it is recommended not to accept the shipment or to draw up a damage report with the carrier.

Such a procedure facilitates the exercise of rights against the carrier and does not limit the Buyer’s statutory rights against the Seller.

4.9 Non-Acceptance of the Shipment

If the Buyer does not accept the ordered goods without a legitimate reason or fails to provide the necessary cooperation for its delivery, the Seller is entitled to demand compensation for costs reasonably incurred in connection with the unsuccessful delivery of the shipment, insofar as such a claim is permitted by legal regulations.

This does not affect the Consumer’s right to withdraw from the contract in cases stipulated by law.

4.10 Gift Vouchers and Discount Codes

The Seller may issue gift vouchers, discount codes or other marketing benefits.

Unless expressly stated otherwise:

• they cannot be exchanged for cash,
• they cannot bear interest,
• they cannot be combined with other promotions, unless the Seller states otherwise,
• they expire without compensation after their validity period ends.

The Seller is entitled to refuse the use of a voucher or discount code in the event of its misuse or use contrary to the conditions of a specific marketing campaign.

ARTICLE 5
Rights from Defective Performance and Complaints

5.1 Liability for Defects

The Seller is liable to the Buyer for the goods being free of defects upon receipt and for corresponding to the purchase contract.

In particular, it is liable for the goods:

• corresponding to the agreed description,
• having the characteristics that were agreed or that the Buyer may reasonably expect,
• being fit for the purpose for which they are usually used,
• meeting the requirements of the relevant legal regulations.

The Consumer may claim a defect that becomes apparent in the goods within a period of two years from receipt, unless a legal regulation provides otherwise given the nature of the goods.

5.2 Nature of BIOMEFIX Products

BIOMEFIX products are food supplements or other foodstuffs placed on the market in accordance with legal regulations.

They are not medicinal products or medical devices.

The products are not intended as a substitute for a varied and balanced diet or a healthy lifestyle.

The Buyer is obliged to observe the recommended dosage and the manufacturer’s instructions stated on the product packaging.

5.3 Storage of Products

The Buyer is obliged to store the products in accordance with the instructions stated on the packaging.

The Seller is not liable for defects caused in particular by:

• improper storage,
• mechanical damage,
• improper handling,
• use contrary to the instructions,
• expiry of the minimum durability date after receipt of the product.

5.4 Making a Complaint

The Buyer may make a complaint without undue delay after discovering a defect.

The complaint should contain in particular:

• identification of the Buyer,
• the order number,
• identification of the product complained about,
• a description of the defect,
• a photograph of the defect, if possible,
• the batch number of the product, if stated on the packaging.

Providing the batch number significantly facilitates the assessment of the complaint and ensures the traceability of products.

5.5 Confirmation of Receipt of the Complaint

The Seller shall confirm receipt of the complaint to the Buyer without undue delay after receiving it.

The confirmation contains in particular:

• the date the complaint was made,
• identification of the goods complained about,
• a description of the defect claimed,
• the chosen method of resolving the complaint, if known already at the time the complaint is received.

If the complaint does not contain all the details necessary for its proper assessment, the Seller may ask the Buyer to supplement them.

5.6 Assessment of the Complaint

The Seller is entitled to professionally assess the goods complained about or to arrange for their professional assessment by the manufacturer, an accredited laboratory or another professionally qualified person.

If required by the nature of the complaint, the Buyer may be asked to send the product complained about or part thereof.

The Buyer shall provide the Seller with reasonable cooperation necessary for the proper assessment of the complaint.

5.7 Resolution of the Complaint

If the complaint is found to be justified, the Seller shall resolve it in a manner corresponding to the nature of the defect and the relevant legal regulations.

The Buyer may in particular request:

• remedy of the defect,
• replacement of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the purchase contract, if the statutory conditions are met.

The choice of method of resolving the complaint is governed by the relevant provisions of the Czech Civil Code.

5.8 Time Limit for Resolving the Complaint

The Consumer’s complaint, including the remedy of the defect, shall be resolved and the Consumer informed thereof no later than thirty (30) days from the date the complaint was made, unless the Seller and the Consumer agree on a longer period.

If the complaint cannot be resolved immediately, the Seller shall inform the Buyer of the expected date of its resolution.

5.9 Product Safety

If the Seller, the manufacturer or a competent public authority determines that a particular product may pose a risk to the health or safety of consumers, the Seller is entitled to take appropriate measures, in particular:

• suspend the sale of the product,
• withdraw the product from the market,
• call on Buyers to return it,
• offer replacement of the product or a refund of the purchase price.

The Buyer undertakes to provide reasonable cooperation in connection with these measures.

5.10 Traceability of Products

The Seller ensures the identification and traceability of products to the extent required by legal regulations governing food safety.

When making a complaint, the Buyer is asked to state the production batch number, the minimum durability date, or other identification details stated on the product packaging, if available.

This data serves exclusively for the proper assessment of complaints, ensuring the safety of products, and fulfilling the Seller’s statutory obligations.

5.11 Complaints by Entrepreneurs

If the Buyer is an Entrepreneur, rights from defective performance are governed by the relevant provisions of the Czech Civil Code governing commercial obligations and by any individual arrangements between the contracting parties.

ARTICLE 6
Withdrawal from the Contract

6.1 Consumer’s Right to Withdraw from the Contract

If the Buyer is a Consumer, they have the right to withdraw from the purchase contract without giving a reason within a period of fourteen (14) days from the date of receipt of the goods.

If a single order covers several types of goods delivered separately, the period begins to run from the date of receipt of the last delivery.

In the case of a contract for regular deliveries, the period begins to run from the date of receipt of the first delivery.

6.2 Method of Withdrawal

The Buyer may withdraw from the contract in particular:

• by written notice,
• by e-mail,
• through the form published on the website,
• by another unambiguous statement addressed to the Seller.

The Seller shall confirm receipt of the withdrawal without undue delay if it was delivered in electronic form.

6.3 Return of Goods

The Buyer is obliged to send or hand over the returned goods to the Seller no later than fourteen (14) days from the date of withdrawal from the contract.

The Buyer is liable only for any decrease in the value of the goods resulting from handling the goods in a manner other than that necessary to establish their nature, characteristics and functionality.

6.4 Refund of the Purchase Price

The Seller shall refund the Buyer, without undue delay and no later than fourteen (14) days from the date of withdrawal from the contract, all funds received from the Buyer under the contract, including the costs of delivery corresponding to the cheapest method of delivery offered.

The Seller is entitled to withhold the refund of funds until:

• it receives the returned goods, or
• the Buyer proves that they have sent them back,
• whichever occurs first.

6.5 Exceptions to the Right of Withdrawal

The Buyer acknowledges that it is not possible to withdraw from the contract in the cases stipulated by the Czech Civil Code.

This concerns in particular:

• goods subject to rapid deterioration,
• goods delivered in sealed packaging which have been unsealed after delivery and cannot be returned for hygiene or health reasons,
• goods manufactured according to the Buyer’s individual requirements,
• other cases stipulated by legal regulations.

For food supplements and similar products, this exception may apply in particular where the protective packaging of the product has been breached.

6.6 Withdrawal by the Seller

The Seller is entitled to withdraw from the purchase contract, in particular, in the event of:

• permanent unavailability of the ordered goods,
• discontinuation of production of the product,
• an obviously incorrectly stated price,
• misuse of the ordering system,
• fraudulent conduct,
• circumstances of force majeure,
• other reasons stipulated by legal regulations.

If the purchase price has already been paid, the Seller shall refund it to the Buyer without undue delay.

6.7 Subscriptions

Withdrawal from an individual purchase contract concluded as part of a subscription does not in itself result in the termination of the entire contractual relationship for regular deliveries.

A subscription may be terminated in the manner specified in the online store or through customer support.

6.8 Gifts and Bonus Products

If the Buyer received a free gift or other bonus conditional on making a purchase in connection with the conclusion of the purchase contract, the Buyer is obliged, upon withdrawal from the contract, to also return this performance, provided that its provision was directly tied to the conclusion of the purchase contract.

ARTICLE 7
Protection of Personal Data

7.1 Basic Information

The Seller processes the personal data of Buyers in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the relevant legal regulations of the Czech Republic, and the Privacy Policy published on the website www.biomefix.eu

The purpose of processing personal data is in particular:

• the conclusion and performance of the purchase contract,
• the processing of orders,
• the provision of customer support,
• the handling of complaints,
• the fulfilment of statutory obligations,
• the protection of the Seller’s legitimate interests,
• marketing communication to the extent permitted by legal regulations.

7.2 Separate Document

Detailed information about the processing of personal data, the scope of the data processed, the period of its retention, the rights of data subjects and the Seller’s contact details are provided in the separate Privacy Policy document, which forms part of the online store’s legal documentation.

7.3 Cookies and Similar Technologies

The online store uses cookies and other similar technologies for the purposes of:

• ensuring the functionality of the website,
• securing the online store,
• analysing traffic,
• personalising content,
• measuring the effectiveness of marketing campaigns,
• improving the user experience.

Details are set out in the separate Cookie Policy document.

7.4 Electronic Communication

The Buyer agrees that communication related to the conclusion and performance of the purchase contract may take place by electronic means.

This does not affect the Buyer’s rights arising from legal regulations.

7.5 Marketing Communication

Commercial communications are sent to Buyers only to the extent permitted by legal regulations or on the basis of consent given.

The Buyer may withdraw their consent at any time in the manner stated in each commercial communication or by contacting the Seller.

ARTICLE 8
Out-of-Court Resolution of Consumer Disputes

8.1 Amicable Resolution of Disputes

The Seller strives to resolve any disputes with Buyers primarily amicably.

The Buyer is entitled to contact the Seller with any suggestion, complaint, or claim through the contact details stated in these Terms and Conditions.

8.2 Czech Trade Inspection Authority

If the Buyer is a Consumer and no amicable resolution of the dispute is reached, they are entitled to submit a proposal for the out-of-court resolution of the consumer dispute to the Czech Trade Inspection Authority (Česká obchodní inspekce).

Contact details:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
Gorazdova 1969/24
120 00 Praha 2
e-mail: adr@coi.gov.cz | web: www.coi.cz/informace-o-adr/

The Seller shall provide the Consumer with reasonable cooperation in resolving the dispute.

8.3 Complaints/Grievances

The Buyer may lodge a complaint in particular regarding:

• the order process,
• customer service,
• claims/complaints handling,
• delivery of goods,
• the functioning of the online store,
• the protection of personal data,
• other services provided by the Seller.

The Seller shall assess each complaint individually and take reasonable measures to remedy it.

ARTICLE 9
Force Majeure and Limitation of Liability

9.1 Force Majeure

The Seller is not liable for breach of its contractual obligations if caused by circumstances of force majeure which it could not reasonably foresee or influence.

Circumstances of force majeure include, in particular:

• natural disasters,
• fires,
• floods,
• epidemics and pandemics,
• war,
• terrorist attacks,
• cyberattacks,
• prolonged power outages,
• internet outages,
• cloud service outages,
• interventions by public authorities,
• disruption of supply chains,
• strikes,
• logistical restrictions.

9.2 Interruption of Operation of the Online Store

The Seller is entitled to temporarily restrict or interrupt the operation of the online store, in particular for reasons of:

• maintenance of information systems,
• software updates,
• increasing the level of security,
• protection of personal data,
• removal of technical faults,
• security incidents.

Such interruption of operation does not constitute a breach of the Seller’s contractual obligations.

9.3 Outages of Third-Party Services

The Seller is not liable for the temporary unavailability of the online store or its individual functionalities caused in particular by:

• hosting providers,
• cloud service providers,
• payment service providers,
• carriers,
• telecommunications service providers,
• other contractual partners.

9.4 Product Safety

If the Seller or the manufacturer determines that a particular product may pose a risk to the health or safety of consumers, it is entitled to promptly take measures necessary to protect consumers.

Such measures may include in particular:

• suspension of sale,
• withdrawal of the product from the market,
• informing Buyers,
• replacement of products,
• refund of the purchase price.

9.5 Changes to Products

The Seller reserves the right to make reasonable changes to products, their packaging or labelling, if:

• they are prompted by a change in legal regulations,
• they increase the safety of the product,
• they increase the quality of the product,
• they represent normal technological development.

Such changes do not in themselves give rise to the Buyer’s right to make a complaint or withdraw from the contract, provided that the characteristics of the product agreed upon at the conclusion of the purchase contract are not affected.

9.6 Limitation of Liability

To the extent permitted by legal regulations, the Seller is not liable in particular for:

• the Buyer’s lost profit,
• indirect damage,
• damage caused by improper use of the products,
• damage arising from failure to observe the recommended dosage,
• damage caused by improper storage of the products,
• damage arising from the combination of products with other preparations without the recommendation of a specialist.

This does not affect the Consumer’s rights arising from the mandatory provisions of legal regulations.

The limitation of liability under this article shall not apply to harm caused intentionally or by gross negligence, to harm to a person’s natural rights, to harm to health, or to liability for damage caused by a defective product, insofar as its exclusion is not permitted by legal regulations.

9.7 Business Continuity

The Seller adopts reasonable technical and organisational measures to ensure:

• the continuity of the online store’s operation,
• the protection of information systems,
• regular data backup,
• monitoring of security incidents,
• the restoration of operations after extraordinary events.

ARTICLE 10
Intellectual Property and Protection of Rights

10.1 Ownership of Rights

All intellectual property rights relating to the online store www.biomefix.eu, BIOMEFIX products and their presentation belong to the Seller or to persons who have granted the Seller the relevant authorisation to use them.

These rights are protected in particular by legal regulations governing copyright, trademarks, industrial property rights, trade secrets and unfair competition.

10.2 Trademarks

The designation BIOMEFIX, related logos, graphic elements, trade names and other designations used in the online store constitute trademarks or other protected designations.

Without the Seller’s prior written consent, it is not permitted to use, reproduce, modify or otherwise commercially exploit these designations.

10.3 Copyright Works

All content of the online store, in particular:

• texts,
• photographs,
• graphic designs,
• videos,
• illustrations,
• databases,
• product descriptions,
• instructions,
• marketing materials,
• software,
• source code,
• the graphical user interface,
• is protected by legal regulations governing copyright.

10.4 Know-How

Manufacturing processes, recipes, technological processes, the business model, the subscription system, logistics processes, databases, marketing strategies and other non-public information constitute trade secrets or know-how of the Seller or its contractual partners.

Neither the Buyer nor third parties are entitled to obtain, disclose or use this information contrary to legal regulations.

10.5 Patents and Industrial Property Rights

If certain products or technologies are protected by a patent, utility model, or other industrial property right, these rights remain unaffected by the conclusion of the purchase contract.

By purchasing a product, the Buyer does not acquire any licence or other authorisation to use these rights beyond the normal use of the product.

10.6 Restrictions on Use

Without the Seller’s prior written consent, it is not permitted in particular to:

• copy the content of the online store,
• create databases from its content,
• use photographs of products for commercial purposes,
• use logos or graphic elements,
• automatically extract data from the online store,
• use the content to train artificial intelligence systems contrary to legal regulations or the Seller’s legitimate interests.

10.7 Protection of Good Name

The Buyer undertakes to refrain from any conduct that could unlawfully harm the good name, reputation or business interests of the Seller.

This does not affect the Buyer’s right to publish a truthful review or to exercise their statutory rights.

10.8 Protection Against Misuse

If the Seller discovers unauthorised use of its intellectual property, it is entitled to use all legal means to protect its rights, including asserting a claim for damages, the surrender of unjust enrichment, or an order to refrain from unlawful conduct.

ARTICLE 11
Customer Account and Digital Services

11.1 Customer Account

The Seller may allow the Buyer to create a customer account.

The customer account serves in particular for:

• managing personal data,
• managing orders,
• managing subscriptions,
• keeping records of complaints,
• tracking purchase history,
• managing delivery addresses,
• using loyalty benefits.

Registration of a customer account is not a condition for concluding a purchase contract, unless the Seller expressly states otherwise.

11.2 Account Security

The Buyer is obliged to protect their access credentials and to notify the Seller without undue delay of any suspicion of their misuse.

The Seller is entitled to temporarily block the account if its security is endangered or if there is reasonable suspicion of unauthorised use.

11.3 Loyalty Programme

The Seller may operate a loyalty programme.

The conditions of its operation may be governed by separate terms published on the website.

The Seller is entitled to change or terminate the loyalty programme, without affecting the rights of Consumers arising from legal regulations.

11.4 Digital Services

The Seller may provide in particular:

• electronic publications,
• videos,
• educational content,
• a newsletter,
• personalised recommendations,
• mobile applications,
• a customer portal,
• other digital services related to BIOMEFIX products.

11.5 Future Development of Services

The Seller is entitled to continuously expand the online store with new services, functions or technologies, provided that the Buyer’s rights are not disproportionately affected thereby.

ARTICLE 12
Subscriptions

12.1 Basic Terms of the Subscription

The Buyer may also order goods in the form of a subscription for the price stated for the specific offer or in the Seller’s current price list. A subscription consists of the repeated delivery of goods over a chosen period and the repeated payment of the price, if this follows from the chosen type of subscription.

The provisions of these Terms and Conditions also apply to the rights and obligations of the contracting parties in relation to subscriptions, unless this article or the terms of a specific offer state otherwise.

12.2 Types of Subscription and Information Before Conclusion of the Contract

A subscription may be offered as a flexible subscription or as a fixed-term subscription. For each offer, before the order is sent, the Seller shall state in particular the price, the length of the subscription period, the frequency of payments and deliveries, the method of payment and delivery, any minimum commitment period, and the conditions for changing, pausing or cancelling the subscription.

Confirmation of a subscription order contains at least the product chosen, the price, the frequency of payments and deliveries, the minimum duration, if agreed, and the conditions for terminating the subscription.

12.3 Recurring Payments via GoPay

If the Buyer chooses automatic recurring payment by card, they give explicit consent when placing the order for the price for each subscribed period to be collected automatically through the GoPay payment gateway, in the amount and at the frequency shown before the order is sent.

Payment data necessary for carrying out recurring payments is stored and processed by the payment service provider GoPay in accordance with the PCI DSS security standard and applicable legal regulations. The Seller does not store the complete payment card number or the security code and does not have access to them.

12.4 Flexible Subscription

A flexible subscription is concluded for an indefinite period. The Buyer may change, pause or cancel it at any time through the customer account, the relevant form on the website, or by notice to info@biomefix.eu, unless a specific offer provides another available method.

For a change or cancellation to apply already to the next planned shipment and payment, the request must be delivered no later than the deadline stated for the specific offer and in the subscription confirmation. If no such deadline is stated, the request must be delivered no later than three (3) business days before the planned payment. A request delivered later shall apply from the following period.

12.5 Fixed-Term Subscription

With a fixed-term subscription, the Buyer undertakes to purchase goods for a predetermined minimum period stated for the specific offer. During this period, the subscription cannot be unilaterally terminated without a statutory or agreed reason, unless the Seller states otherwise. This does not affect the Consumer’s statutory rights, in particular rights arising from defective performance and the right to withdraw from the contract, if such rights apply to them under legal regulations.

12.6 Notice Before a Further Payment and Delivery

If an automatic renewal or further recurring payment is to occur, the Seller shall send the Buyer a notice at least seven (7) calendar days before the planned payment to the e-mail address stated in the order or the customer account. The notice contains in particular the date and amount of the payment, the period to which the payment relates, the expected delivery date, and the method of changing or cancelling the subscription, if possible for the given type.

12.7 Price Change

If the Seller changes the price of the subscription, the new price shall apply at the earliest from the following subscribed period. The Buyer will be informed of the change in advance. For a flexible subscription, the Buyer may cancel the subscription before the start of the period to which the new price is to apply. Without explicit or otherwise legally effective acceptance of the change, the price of a fixed-term subscription will not be unilaterally increased during the agreed minimum period.

12.8 Unsuccessful Payment and Expiry of the Payment Card

If a recurring payment is unsuccessful, the Seller may invite the Buyer to update their payment details or to pay by another offered method, and may reasonably repeat the payment attempt. The relevant delivery may be suspended until successful payment. If payment is not made even within an additional reasonable period, the Seller may terminate the subscription; this does not affect claims arising from performance already provided.

12.9 Termination of the Subscription and Withdrawal from an Individual Delivery

Termination of the subscription does not affect orders and payments that were duly confirmed or made before the termination took effect. Withdrawal from an individual purchase contract concluded as part of a subscription does not in itself terminate the entire contractual relationship for regular deliveries, unless it is clear from the Consumer’s statement that they are also requesting termination of the subscription.

If the subscription is terminated, it remains active until the end of the already paid period, unless the contracting parties agree otherwise. Any overpayment or refund is returned in the same manner in which the payment was received, unless this is not possible or the parties agree otherwise.

12.10 Subscriptions Concluded Before 1 August 2026

Subscriptions concluded before 31 July 2026 are governed by the terms in effect at the time of their conclusion, and their original seller remains McCarter a.s., unless a valid transfer of the contract with the customer’s consent has taken place, along with a valid setup or new grant of a mandate for recurring payments in favour of BIOMEFIX s.r.o. Mere notification of a change of operator or a change to these Terms and Conditions does not constitute a transfer of an existing subscription.

ARTICLE 13
Final Provisions

13.1 Governing Law

Legal relationships arising on the basis of these Terms and Conditions are governed by the laws of the Czech Republic.

This does not affect the application of the mandatory consumer protection provisions of the legal regulations of the state of the Consumer’s habitual residence, insofar as their application follows from directly applicable European Union law.

13.2 Severability of Provisions

If any provision of these Terms and Conditions becomes invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.

13.3 Contractual Documentation

The legal documentation of the online store consists in particular of:

• these Terms and Conditions,
• the Complaints Procedure,
• the Privacy Policy,
• the Cookie Policy,
• the Withdrawal Form,
• the terms of the specific subscription programme stated in the online store.

13.4 Changes to the Terms and Conditions

The Seller is entitled to amend or supplement these Terms and Conditions.

The version of the Terms and Conditions in effect on the date the order is sent by the Buyer shall always apply to the purchase contract.

13.5 Effectiveness

These Terms and Conditions take effect on 1 August 2026.

Legal relationships arising from orders sent before 1 August 2026 are governed by the terms and conditions in effect at the time the relevant order was sent. Requests relating to such orders may still be made through customer support at info@biomefix.eu; this does not change the identity of the seller under the original purchase contract.