Terms & Conditions of use
business company CleanCosmetics s.r.o.
with registered office at Opletalova 1535/4, Nové Město, 110 00 Prague 1, Czech Republic;
identification number: 02109425
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of the company CleanCosmetics sro, registered office at Opletalova 1535/4, Nové Město, 110 00 Praha 1, identification number: 02109425, registered in the Commercial Register kept at the Municipal Court in Prague, insert 215622 (hereinafter referred to as the "Seller") govern the reciprocal rights and obligations of the parties arising in connection with or on the basis of the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter "the Civil Code"). (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another individual (the "Buyer") through the seller's internet shop. The e-shop is operated by the seller on a web site located at www.cleancosmetics.cz (hereinafter referred to as the "Website"), through the web interface ("the web interface of the store").
1.2. Business terms do not apply to cases where a person intending to purchase the goods from a seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of a profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the terms of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in Czech, English and German.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.6. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the store's web interface.
1.7. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. The details given by buyers in the user account and the ordering of the goods are considered correct by the seller.
1.8. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
1.9. Buyer is not authorized to allow third-party user account usage.
1.10. The seller may cancel the user account, especially if the buyer does not use his user account for more than 3 months, or if the buyer breaches his obligations under the sales contract (including business terms).
1.11. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.
1.12. All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Article 1732 (2) of the Civil Code does not apply.
1.13. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually negotiated terms.
1.14. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packing and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
1.15. To order the goods, the buyer completes the order form in the web interface of the store. The order form includes, in particular, information about:
1.15.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
1.15.2. the method of payment of the purchase price of the goods, details of the required method of delivery of ordered goods and
1.15.3. information about the costs associated with the delivery of goods (collectively referred to as the "Order").
1.16. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "Binding order" button. The data listed in the order they are deemed correct by the seller. Seller will confirm this receipt to the buyer by e-mail, immediately to the buyer's email address listed in the user account or in the order ("buyer's e-mail address").
1.17. The seller is always entitled to ask the buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
1.18. The contractual relationship between the seller and the buyer arises by delivering the receipt of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.
1.19. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
PRODUCT PRICE AND PAYMENT CONDITIONS
1.20. The Purchaser may pay the Buyer for the price of the goods and any costs associated with the delivery of the goods in accordance with the purchase contract in the following ways: in cash at the seller's premises at Opletalova 1535/4, Nové Město, 110 00 Prague 1, bank transfer, online payment card, gopay, paypal;
1.21. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Except as otherwise expressly provided, the purchase price and the cost of delivery are further understood.
1.22. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price in advance.
1.23. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
1.24. Seller is entitled, in particular, in the event that the buyer does not receive additional confirmation of the order, request the payment of the full purchase price before the goods are dispatched to the buyer. Article 2119 (1) of the Civil Code does not apply.
1.25. Any discounts on the price of the goods provided by the seller to the buyer can not be combined.
1.26. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - Invoices are issued by the seller to the buyer after the price of the goods has been paid and sent electronically to the buyer's electronic address.
1.27. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical outage, within 48 hours at the latest.
WITHDRAWAL FROM THE BUYER CONTRACT
1.28. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's or his person's wish, from the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
1.29. If the case is not referred to in Article 1.28 of the Commercial Terms and Conditions or in another case when the purchase contract can not be withdrawn, the Purchaser has to withdraw the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to 14 ) from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the buyer, inter alia, to the seller's address or to the seller's e-mail address firstname.lastname@example.org .
1.30. In the case of withdrawal from the purchase contract under Art. 1.29 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 (14) days of receipt of the withdrawal from the sales contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their usual postal route.
1.31. In the event of withdrawal from the Purchase Agreement under Article 1.29 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been dispatched to the seller.
1.32. The Seller is entitled to indemnify one party against the purchaser's claim for a refund of the purchase price.
1.33. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, without charge, to the account specified by the buyer.
1.34. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
TRANSPORTATION AND SUPPLY OF GOODS
1.35. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and possible extra costs associated with this mode of transport.
1.36. If the seller is required to deliver the goods to the buyer's place of purchase in the order, the buyer is obliged to take delivery of the goods.
1.37. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
1.38. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
1.39. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
LOSS OF FULL PERFORMANCE
1.40. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
1.41. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
1.41.1. the goods have properties that the parties have negotiated and, in the absence of an arrangement, have properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertisements they make;
1.41.2. the goods fit the purpose for which the seller indicates or to which the goods are usually used;
1.41.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined according to the agreed sample or original,
1.41.4. the goods are in the appropriate quantity, degree or weight and
1.41.5. the goods comply with legal requirements.
1.42. The provisions of Article 1.41 of the Business Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods caused by its normal use, buyer, or if it results from the nature of the goods.
1.43. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. Buyer is entitled to exercise the right to a defect that occurs with consumer goods within twenty-four months of the takeover.
1.44. Rights to defective performance are claimed by the buyer at the seller's address at the address where the claim is accepted with regard to the range of goods sold, or even at the place of business or place of business.
1.45. Additional rights and obligations of the parties related to the seller's liability for defects may be modified by the vendor's claim rules.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1.46. Buyer acquires ownership of the goods by paying the full purchase price of the merchandise
1.47. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) Civil Code.
1.48. Consumer complaints are handled by the seller via email@example.com . Buyer's complaint information will be sent by the seller to the buyer's email address.
1.49. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the sales contract.
1.50. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).
1.51. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, among other things, the supervision of compliance with the Consumer Protection Act No. 634/1992 Coll., As amended.
1.52. The buyer thus takes on himself the danger of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
PROTECTION OF PERSONAL DATA
1.53. Protection of the personal data of the purchaser who is a natural person is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
1.54. Buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number and email (collectively referred to as "personal data").
1.55. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
1.56. The buyer acknowledges that he is required to state his / her personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully, and that he is obliged to inform the seller of any change in his personal information without undue delay. p>
1.57. By processing the buyer's personal data, the seller may assign a third party as processor. Except for persons transporting goods, personal data will not be passed on to the third party by the seller without the buyer's prior consent.
1.58. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated way or in a printed form in a non-automated manner.
1.59. The Buyer confirms that the personal data provided are accurate and that he / she has been advised that this is a voluntary provision of personal information.
1.60. In the event that the buyer believes that the seller or processor (Article 1.55) carries out processing of his or her personal data contrary to the protection of the buyer's private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to for the purpose of processing, may:
1.60.1. ask the seller or processor for explanation;
1.60.2. require the seller or processor to remove the resulting condition.
1.61. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous clause to request reasonable compensation not exceeding the cost of providing information.
SENDING SHOPS AND STORAGE COOKIES
1.62. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's email address and also agrees to send the sales announcements to the buyer's email address.
1.63. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the buyer's computer, the buyer may withdraw his consent under the preceding sentence at any time.
1.64. Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
1.65. A receipt is also deemed to have been delivered, the receipt of which was rejected by the addressee, which was not picked up during storage or returned as undeliverable.
1.66. The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer's user account or the specified buyer in the order, respectively. to the address given on the Seller's website.
1.67. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights resulting from generally binding legal regulations.
1.68. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
1.69. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
1.70. The Business Terms and Conditions form a template form for Withdrawal from the Purchase Agreement .
1.71. Contact information of the seller: address for delivery Opletalova 1535/4, New Town, 110 00 Prague 1 Czech Republic, e-mail address firstname.lastname@example.org , telephone +420 777 981 598.
Prague, August 1, 2018