biomefix.eu | McCarter a.s. | Version after legal review — May 2025

1. Introductory provisions and definition of basic terms

1a) The operator of the biomefix.eu online store and the supplier and/or seller is: McCarter a.s., with registered office at Bajkalská 25, Bratislava, 821 01, Slovakia, Company ID: 35 846 011, Tax ID: 2020263113, VAT ID: SK2020263113, bank connection: IBAN: SK1211000000002623023363, SWIFT: TATRSKBX. (Contact details: e-mail info@biomefix.eu, telephone +421 918 710 142)

1b) The Seller’s Product is BIOMEFIX, a water-based dietary supplement containing five strains of live active bacteria (Lactobacillus rhamnosus, Lactobacillus casei, Bifidobacterium species, Lactobacillus delbrueckii subsp. bulgaricus, Streptococcus thermophilus).

1c) A Consumer is a natural person who, when concluding and performing the contract, does not act within the scope of their business activity, employment or profession and uses the Product for a purpose other than business with this Product.

1d) A Buyer may be a consumer or an entrepreneur who sells the Product for the purpose of their business with this Product.

1e) If the buyer is an entrepreneur:

• Delivery: delivery of goods and services by the Supplier to the Customer according to the Customer’s order or a contract concluded between the Supplier/Seller and the Customer/Buyer
• Documentation: all/any documents concerning the business relationship between the Supplier/Seller and the Customer/Buyer
• Order: an act of the Customer/Buyer directed to the Supplier/Seller, the content of which is the ordering of deliveries of goods, services or performances from the Supplier/Seller within the scope of their business activity
• Customer/Buyer: business partner of the Supplier/Seller
• Contract: any contractual relationship concluded in writing or orally between the Supplier/Seller and the Customer/Buyer.

2. General provisions

2a) These General Terms and Conditions (hereinafter referred to as GTC) are issued by McCarter a.s. for the purpose of more detailed regulation of relations between the seller and the buyer arising from the biomefix.eu online store in connection with the supply of goods.

2b) Conclusion of the contract – the buyer’s order is a proposal for a contract. The Seller shall promptly confirm receipt of the order to the Buyer by an informational email sent to the email address provided by the buyer, however, this receipt does not have legal effects regarding the conclusion of the contract. The contract is concluded by delivery of the Seller’s binding consent. From this moment, mutual rights and obligations arise between the Seller and the Buyer. The order confirmation by the Seller contains the order number, the name of the ordered Product, the Product price, billing details, payment method and due date. In the case of a subscription, it also contains the minimum duration and cancellation conditions.

2c) By submitting the order (i.e. the contract proposal), the Buyer confirms that they have familiarized themselves with these General Terms and Conditions, including complaint conditions and the possibility of withdrawal from the contract, understood their content and agrees to them in this wording without reservation. These General Terms and Conditions form an integral part of the concluded contract. Processing of personal data is governed by a separate document “Personal Data Protection Policy”, which is always available on the biomefix.eu website.

2d) In the case of an electronic order through the online store, the Buyer will receive the GTC together with the order confirmation from the Seller.

2e) A condition for the validity of an electronic order is the completion of all data and requirements prescribed by the form. By completing the order form or binding order within the biomefix.eu online store, the Buyer gives the Seller consent to collect and archive personal data about the Buyer and their purchases to the extent necessary for contract performance.

2f) The contract is concluded in the Slovak language. The concluded contract is not accessible to third parties. Information on the technical steps leading to the conclusion of the contract is visible from the ordering process.

2g) The choice of Slovak law applies to the contractual relationship. For consumers residing in another EU Member State, this choice of law does not exclude the protection provided to them by mandatory provisions of the legal order of the state of their habitual residence (EU Regulation No. 593/2008, Art. 6).

2h) These GTC are displayed on the biomefix.eu website and thus enable their archiving and reproduction by the Buyer.

3. Subject matter of the contractual relationship

3a) The subject matter of the contractual relationship is the Seller’s obligation to deliver the Products according to the order and the Buyer’s obligation to pay the purchase price. An invoice/tax document is issued for each contract.

3b) Order of Products may be carried out through the Seller’s website biomefix.eu. The order represents the Buyer’s proposal to conclude a contract, the subject matter of which shall be the delivery of the Product specified in the order, under the conditions stated therein and in these General Terms and Conditions. The Seller acknowledges that part of the order is the obligation to pay the price for the delivered Products.

When purchasing through the Seller’s website, the Buyer selects a specific Product based on the current offer, fills in the number of units and Product packaging and confirms them by clicking “add to cart”. After completing the selection of Products, the Buyer proceeds to checkout, fills in truthful and complete communication and billing details in the order form, selects the payment and delivery method. The Seller advises the Buyer to read the information regarding the exercise of the consumer’s right to withdraw from the contract. After completely filling out the form, fulfilling the Seller’s information obligation in the form of an order summary and reading the General Terms and Conditions, the Buyer sends the order bindingly by clicking “order with obligation to pay”.

3c) Place of delivery – the Seller’s obligation to deliver the Product to the Buyer is fulfilled by delivery to the place of delivery or at the Seller’s registered office. The place of delivery is the place designated as such by the Buyer in the order form. The Seller bears no responsibility for an incorrectly stated address by the Buyer. Unless otherwise stated above and agreed otherwise, the place of performance shall be the supplier’s/seller’s warehouse, which the supplier/seller shall notify to the customer/buyer. If the place of delivery is the Seller’s registered office, this means the address: McCarter a.s., with registered office at Bajkalská 25, Bratislava, 821 01, Slovakia and/or the Seller’s operating premises at Budovateľská 1247/7, Dunajská Streda 929 01, Slovakia and/or the Seller’s operating premises at Jana Růžičky 1165/2A, Prague 4 – Kunratice 148 00, Czech Republic.

3d) Method of acceptance of goods by an authorized person – delivery of the Product to the Buyer shall be deemed to occur upon acceptance by the Buyer or another authorized person staying at the place of delivery at the time of delivery. Ownership rights to the Product thus pass to the Buyer upon its acceptance, under the condition of payment of the full purchase price. The Buyer confirms acceptance of the Product from the carrier by their signature. Upon acceptance of the goods, the risk of accidental destruction and accidental deterioration also passes to the Buyer.

3e) The Buyer and/or ordering party acquires ownership rights to the ordered Product upon its acceptance and payment of the purchase price of the ordered Product in full. The risk of damage to the ordered Product passes from the Seller to the buyer at the moment of acceptance of the Product by the buyer and/or ordering party.

4. Price, Payment Terms and Delivery Terms

4a) Product Price – the contracting parties have agreed on the price of the Product(s) to be delivered to the Buyer, whereby this price is stated in the binding order and on the Seller’s website biomefix.eu. The price is always stated including the applicable VAT rate. The price may be paid by the Buyer only using the methods offered on the biomefix.eu website. An invoice will be attached to the Product. The Buyer has the opportunity to familiarize themselves with the period during which the Seller is bound by its offer. The Seller is bound by its offer, including the price for the Product, for the entire period during which the Product is displayed on the biomefix.eu online store. The final Product price is the total price stated in the order form immediately before submitting the binding order. The final price is stated including VAT and the price for the payment method and delivery, which the Buyer is obliged to pay. This price may only be changed based on mutual agreement between the Seller and the Buyer.

4b) Payment Terms – the Buyer is obliged to pay the purchase price for the Product no later than upon receipt of the Product, or within the period stated on the invoice, unless the contracting parties agree otherwise. The Buyer may pay the purchase price using the following methods:
• By card via the GoPay payment gateway.

4c) Subscription

The Buyer may also order the Product in the form of a subscription at the price stated for the specific Product offer or in the current price list of the Seller. A subscription consists of repeated deliveries of the Product during the selected subscription period and repeated payment of the subscription price, if this results from the selected type of subscription.

The provisions of these General Terms and Conditions shall also apply to the rights and obligations of the contracting parties regarding subscriptions unless this section provides otherwise.

Subscriptions may be provided as either a flexible subscription or a fixed-term subscription according to the Seller’s current offer. For each subscription offer, the Seller shall state in particular the subscription price, the length of the subscription period, payment frequency, payment method, Product delivery method, any minimum commitment period of the Buyer, and the conditions for changing or cancelling the subscription.

If the Buyer chooses to pay the subscription price through automatic recurring payment by payment card, the Buyer expressly agrees during the order process that the subscription price for the relevant subscription periods shall be automatically paid via the GoPay payment gateway. Automatic recurring payment shall be executed in the amount and frequency specified for the selected subscription type.

The Buyer acknowledges and agrees that for the purpose of implementing recurring subscription payments, their payment details will be stored by the payment service provider GoPay. GoPay handles the Buyer’s payment card data in accordance with the international security standard PCI-DSS Level 1 — the highest level of data security. The Seller itself does not store the card number or any other complete payment data and does not have access to them.

In the case of a flexible subscription, the subscription is concluded for an indefinite period. The Buyer may change or cancel the flexible subscription at any time through their customer account, via a form on the Seller’s website, or by written notice delivered to the Seller. After cancellation of the flexible subscription, no further payment will be charged to the Buyer; the subscription will remain active until the end of the already paid subscription period unless otherwise agreed by the contracting parties.

In the case of a fixed-term subscription, the Buyer undertakes to receive Products during a predetermined minimum subscription period specified in the specific offer. During this minimum subscription period, the Buyer is not entitled to unilaterally cancel the subscription without reason unless the Seller determines otherwise. This does not affect the consumer’s statutory right to withdraw from the contract if such right belongs to them under legal regulations.

If the subscription is to be automatically renewed, the Seller shall inform the Buyer before the next payment is made by e-mail sent to the Buyer’s e-mail address specified in the order or customer account, at least seven (7) calendar days before the next payment is made. In the notification, the Seller shall state in particular the planned payment date, payment amount, period for which the subscription is renewed, and the method by which the Buyer may cancel or change the subscription, if possible for the given subscription type.

If the Seller changes the subscription price, the new price shall apply no earlier than from the following subscription period. The Seller shall inform the Buyer about the price change before it is applied. In the case of a flexible subscription, the Buyer has the right to cancel the subscription before the beginning of the period to which the new price is to apply. If the Buyer does not cancel the subscription, it shall be deemed that they agree to continue the subscription at the new price unless legal regulations provide otherwise.

The frequency of automatic payments and the length of the subscription period depend on the selected subscription type and are stated with the specific Product offer on the Seller’s website.

The Buyer may cancel or change the subscription, if possible for the given subscription type, through their customer account, via a form on the Seller’s website, or by contacting customer support: info@biomefix.eu, tel.: +421 918 710 142.

4d) Delivery Charges – the delivery price is included in the product price. A delivery fee by courier company shall be added to the Product price only if the delivery price is specifically stated for the product on biomefix.eu.

4e) Delivery Terms – the Seller is obliged to fulfill the Buyer’s order and deliver the Product to the Buyer no later than within 30 calendar days from the date of receipt thereof. However, the Seller usually dispatches the Product as soon as possible after receiving the electronic order.

If the delivery time is extended, the Buyer shall be informed in time by the Seller. The Seller is not responsible for delayed delivery of the ordered Product caused by the courier company nor for damage to the shipment caused by the courier company. If the Buyer or another authorized person fails to accept the Product that has been duly delivered to the delivery place specified in the order/order confirmation, the Seller is entitled to request compensation from the Buyer for damages in the amount of reasonably incurred costs related to performance.

If, for reasons on the Buyer’s side, it is necessary to repeatedly deliver the ordered Products to the Buyer and/or deliver them by a method other than the method selected by the Buyer in the relevant order, the Seller shall be entitled to reimbursement of such costs.

5. Complaints Procedure

5a) Liability for defects: The Seller is responsible for ensuring that the goods are of the required quality, quantity, and free from defects upon receipt by the Buyer. Due to the nature of the goods (liquid food supplement with a short shelf life), the Seller is liable for defects that appear within the period up to the Minimum Durability Date indicated on the product packaging, provided that the Buyer has complied with the storage conditions. The Seller undertakes to supply goods with a sufficient remaining shelf life (at least 4 weeks at the time of delivery).

5b) Storage conditions and exclusion of liability: The Buyer is obliged to immediately check the packaging upon receipt of the goods and follow the instructions on the packaging and in the leaflet. The product must be stored in a dry place at room temperature between 15 and 25 °C and protected from direct sunlight. After opening, the product must be stored in a refrigerator and consumed within 7 days. The Seller is not responsible for defects or deterioration of the goods caused by improper storage, mechanical damage to the packaging after receipt, or leaving the opened product in unsuitable conditions.

5c) In the event that the Seller fails to properly and timely fulfill its contractual obligations, or if the Product has defects, the Buyer is obliged to claim the Product with the provider without undue delay, but no later than until the expiry of the warranty period for the Product.

5d) The Buyer is obliged to submit a complaint in written form via email and must include the order number, describe the defects of the delivered Product, and state the preferred method of handling the complaint (replacement of the Product, withdrawal from the contract and refund of the purchase price, or provision of an appropriate discount on the purchase price of the Product).

5e) The Seller shall handle the complaint without undue delay, but no later than within 30 calendar days from the date of its proper submission. In the case of a rejected complaint, the Seller shall provide the Buyer with a written justification (where written form for complaint purposes also includes email communication).

5f) In the event that the Buyer properly submits a justified complaint, they are entitled to the removal of defects in the Product, and if this is not possible, to a reasonable discount on the price, or they may withdraw from the contract. If the conditions for withdrawal from the contract due to the Seller’s fault are met, the Buyer is entitled to a refund of the paid purchase price of the Product.

6. Withdrawal from the Contractual Relationship

6a) The Buyer has the right to cancel the order without giving any reason at any time before the Product is dispatched, via email or by telephone. In case of non-delivery of the Product due to force majeure, the Seller shall inform the Buyer without undue delay about the reason for non-delivery. If payment of the purchase price or part thereof has been made, the funds will be refunded to the Buyer within fourteen (14) calendar days to the provided bank account.

6b) Withdrawal from the contract by the Buyer: The Buyer acknowledges that, in accordance with applicable legislation (§ 19 (1)(c) and (d) of Act No. 108/2024 Coll. on Consumer Protection), the Buyer cannot withdraw from the contract and return the goods without stating a reason within 14 days from receipt of the Product – as the subject of the contract is goods that are freshly made to order and are subject to rapid deterioration in quality (liquid food supplement with a total shelf life of 7 weeks from production). It is also not possible, for hygiene and health protection reasons, to return goods whose protective packaging (e.g. bottle safety seal) has been broken after delivery.

7. Personal Data Protection

7a) The Buyer acknowledges the Privacy Policy available at https://biomefix.eu/en/privacy-policy. The processing of personal data necessary for contract performance is carried out without the need for separate consent. Consent to receive marketing communications is voluntary and is granted separately.

8. Alternative Dispute Resolution

8a) Any disputes arising in connection with the existence, validity, content, interpretation, or implementation of these Terms and Conditions, in particular in connection with the purchase of Products through this online store, shall be primarily resolved through Alternative Dispute Resolution in accordance with Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes.

8b) Alternative dispute resolution (hereinafter “ADR”) is a procedure conducted by an ADR entity under Act No. 391/2015 Coll., aimed at reaching an amicable settlement of the dispute between the parties. The Buyer has the right to contact the Seller with a request for remedy if they are not satisfied with the way the Seller handled their complaint or if they believe the Seller has violated their rights. The Buyer has the right to submit a proposal to initiate ADR to the ADR entity if the Seller responded negatively to the request for remedy or did not respond within 30 days from its submission.

8c) ADR entities are registered in the list maintained by the Ministry of Economy of the Slovak Republic. The Slovak Trade Inspection Authority is also an ADR entity.

8d) ADR may be initiated only upon a proposal by the Buyer. The ADR entity may refuse the proposal if the Buyer submits it after the expiry of one year from:
• delivery of the Seller’s negative response to the Buyer’s request for remedy, or
• the expiry of the 30-day period from the day the Buyer sent the request for remedy to the Seller, to which the Seller did not respond.

9. Force Majeure

9a) The Seller’s liability for partial or complete failure to fulfill contractual obligations is excluded if caused by circumstances excluding liability in accordance with applicable generally binding legal regulations (in particular force majeure).

9b) Force majeure includes in particular, but is not limited to: war, threat of war, other armed conflict or its threat, uprising, sabotage, fire, terrorist attack or its threat, storm, flood, earthquake, natural or other disaster, explosion, government regulations or restrictions of the European Union or restrictions imposed by another public authority, occurrence of a pandemic and related restrictions, shutdown not caused by the Seller, total or partial destruction of the Seller’s factory or production line or that of its suppliers, destruction of the Seller’s supply, changes in customs and tax regulations, import and export quotas, export or import bans, strike, transport disruption, traffic accident, gas, electricity or other energy outage, as well as any other causes that the Seller could not foresee or prevent, which result in the impossibility of fulfilling the obligation.

10. Final Provisions

10a) These Terms and Conditions shall become valid and effective on the date of their publication on the website biomefix.eu.

10b) The Seller reserves the right to modify or amend these Terms and Conditions at any time. Any change to the Terms and Conditions becomes valid and effective on the date of its publication on the website biomefix.eu, unless a later effective date is explicitly specified.

10c) When purchasing a product, the Terms and Conditions valid and effective at the moment the order is submitted to the Seller (or at the moment of submission of a corrected order) are binding for both the Buyer as the ordering party and the Seller.

10d) All legal relations arising in connection with the sale of products under these Terms and Conditions and not regulated herein shall be governed by the generally binding legal regulations of the Slovak Republic, in particular the Civil Code and the Consumer Protection Act.