Terms and Conditions
These terms and conditions are valid from 1.10.2016 and is valid for purchases in the online shop located at https://www.beautifuleveryday.eu, operated by Krásná Každý Den s.r.o.
Krásná Každý Den s.r.o. has its registered office at Pod Belárií 705/8, 143 00 Praha 4
Business premise: Ke Zvoli 783, Dolní Břežany, 25241
ID No.: 05080720, VAT No. CZ05080720
registered in the Commercial Register at the Registry Court in Prague,
bank connection for CZK: 2101003250/2010, Fio banka, a.s.,
bank connection for EUR: CZ9220100000002401003252, SWIFT: FIOBCZPPXXX, Fio banka, a.s.
- These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate, in accordance with the provisions of § 1751 para. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at https://www.beautifuleveryday.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
- The buyer has the opportunity to familiarize himself with these terms and conditions before sending his order and is notified of them in advance. By submitting an order, the buyer confirms that he/she has read and agrees to these terms and conditions.
- The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
- Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
- The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are in Czech language. The purchase contract can be concluded in Czech.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
- All contractual relations are governed by the law of the Czech Republic.
- Based on the buyer's registration made on the website, the buyer can access his user interface. The buyer can order goods from his/her user interface (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the web interface of the store.
- When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
- Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
- The buyer is not entitled to allow third parties to use the user account.
- The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 1 year or if the Buyer violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or. necessary maintenance of third party hardware and software.
CONCLUSION OF THE PURCHASE CONTRACT
- All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 para. 2 of the Civil Code shall not apply.
- The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the seller's ability to conclude the purchase contract on individually agreed terms.
- The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.
- To order goods, the buyer fills in the order form in the web interface of the shop. The Order Form contains in particular information on
- ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
- Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered into the order. The buyer sends the order to the seller by clicking on the "Complete and pay order" button. The information provided in the order is considered correct by the seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
- Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
- The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways
- cash on delivery at the place specified by the buyer in the order;
- by wire transfer to the Seller's account No. 2101003250/2010 for CZK or CZ9220100000002401003252 for EUR, maintained at Fio banka, a.s. (hereinafter referred to as the "Seller's account");
- cashless by credit card;
- All prices of the goods, including promotional prices, are valid until recalled or stocks are sold out.
- Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
- The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.7 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
- In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. The variable symbol is the order number that the buyer receives when completing the order. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
- The Seller is entitled, in particular in the event that the Buyer fails to confirm the order (Art. 3.6), require payment of the full purchase price before the goods are shipped to the buyer. Section 2119 para. 1 of the Civil Code shall not apply.
- Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
- If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made under the Purchase Agreement. The invoice will only be sent to the customer electronically. The seller is a payer of value added tax.
- The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways
DISCOUNTS AND DISCOUNT COUPONS
- The Seller provides various types of discounts on the offered goods. Discounts are, for example, for loyalty, for referrals to friends or in the form of discount coupons and vouchers.
- Discount coupons and vouchers most often contain discount codes. Discount codes cannot be applied repeatedly and the individual types of discounts cannot be combined with each other unless explicitly stated by the seller.
- Each of the discounts has its own rules and conditions for use. These are either attached to the discount or detailed on the seller's website. In case of ambiguity regarding the rules of discounts, discount coupons or vouchers, the interpretation set by the seller shall apply.
- In the event that a discount, discount coupon or voucher is redeemed contrary to the rules of the discount, discount coupon or voucher, the Seller reserves the right to refuse to redeem such discount, discount coupon or voucher. The buyer will be informed of this fact and will have the option to create an order without this discount.
- All discounts apply only to buyers who are consumable.
- If the value of the discount coupon, voucher or gift voucher is higher than the value of the entire purchase, the buyer is not entitled to a refund of the difference.
- Samples are provided to assist in the selection of a suitable product, they are not a substitute for the full product.
- The price of samples is often at a nominal price and subsidized by the manufacturers.
- It is not possible to complete the order if there are only samples in the basket. To complete your order, you must add at least one product to your cart in full packaging. This is a product that is not marked as a sample in the e-shop. Brochures and leaflets are not considered full product packaging.
- The maximum number of paid samples per order is 5. It is possible to have a maximum of 2 pieces of one type of paid sample per order.
- Maximum number of free samples (i.e. 0 Kč/0 EUR) per order is 3 pieces. You can only have 1 of each type of free sample in your order.
- The maximum number of paid samples combined with free samples is 5.
WITHDRAWAL FROM THE PURCHASE CONTRACT
- The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a contract of sale for the delivery of goods that have been modified according to the wishes of the Buyer or for his person, as well as goods that have been irreversibly mixed with other goods after delivery, from a contract of sale for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons (e.g. lipsticks, mascaras, eyeliners, eyeliners, shampoos, conditioners, make-up brushes, etc.). Similarly, it is not possible to return goods due to unsatisfactory smell or consistency because the product has already been opened and thus contaminated.
- You cannot withdraw from the contract without giving a reason if the goods have already been partially consumed.
- In the absence of a case referred to in Art. 6.1 or in any other case where the purchase contract cannot be withdrawn from, the buyer shall, in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use sample formprovided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the Withdrawal from the Purchase Contract form to the Seller's business address or to the Seller's e-mail address, among others. Withdrawal from the purchase contract, returned goods and proof of purchase (invoice) shall be sent by the buyer to the address of the company Krásná Každý Den s.r.o., Ke Zvoli 783, Dolní Břežany, 25241. Personal return of goods is not possible.
- In the event of withdrawal from the purchase contract pursuant to Art. 6.3 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
- In the event of withdrawal from the contract pursuant to Art. 6.3 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement to the Buyer's bank account. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur 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 receiving the returned goods from the buyer.
- The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price. The Seller may claim damages if the returned goods are incomplete, damaged or visibly worn.
- The seller is entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
- If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller. No consumer rights can be claimed for gifts that are provided free of charge.
In the event that a consumer dispute arises between the Seller and the Buyer under a contract of sale or a contract for the provision of services, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such a dispute to a designated entity for the out-of-court settlement of consumer disputes, which is:
Czech Trade Inspection Authority
Central Inspectorate - ADR Department
120 00 Prague 2
- The buyer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
TRANSPORT AND DELIVERY OF GOODS
- In the event that the method of transport is agreed upon at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
- If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
- In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. the costs of other delivery methods.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
- Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
- The cost of packaging and postage chosen by the buyer in the order is borne by the buyer. These costs are governed by the Seller's current price list on the website https://www.beautifuleveryday.eu
RIGHTS FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of the legislation.
- The provisions referred to in Art. 8.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
- If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
- The buyer claims the rights from the defective performance at the seller's place of business. Address for sending goods: Krásná Every Den s.r.o., Povodňová 10/2117, 143 00 Prague 4. Personal delivery of goods is not possible. The Buyer shall also first inform the Seller at his e-mail address firstname.lastname@example.org that he will send the goods to the Seller.
- The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
- The claim will not be accepted if the buyer knew before taking over the item that the item has a defect, or if the buyer caused the defect himself.
- When making a claim, the buyer is obliged to prove the conclusion of the purchase contract with the seller, in particular by proof of purchase (invoice). It is also necessary for the buyer to provide a description of the defect for which the goods are claimed.
- The seller is obliged to confirm to the consumer by e-mail that he has received the claimed goods and at the same time to inform him about the method of handling the claim or about its rejection.
- If the Seller accepts the claim, the claim will be settled without undue delay, but no later than 30 days from the date of the claim, unless otherwise agreed. If the goods cannot be exchanged, the Seller will refund the sale price of the goods stated on the invoice to the Buyer's bank account. At the same time, in the case of acceptance of the claim, the buyer is entitled to compensation for the costs associated with the transport of goods to the seller in the amount of 64 CZK.
- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint regulations.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
- The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 lit. (e) of the Civil Code.
- Out-of-court handling of consumer complaints is provided by the seller through the electronic address email@example.com. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.
- The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
- The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
- The registration number of the website operator is https://www.beautifuleveryday.eu, Krásná Každý Den Ltd. at the Office for Personal Data Protection is 00066470.
- The Buyer agrees to the processing of the following personal data: name and surname, delivery address, billing address, e-mail address, telephone number, login name, login password (hereinafter collectively referred to as "personal data").
- The buyer agrees to the processing of personal data by the seller for the purpose of exercising the rights and obligations under the purchase contract and for the purpose of maintaining the user account. Unless the buyer chooses another option, the buyer agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety in accordance with this article is not a condition that would in itself prevent the conclusion of a purchase contract.
- The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
- The seller may entrust a third party as a processor to process the buyer's personal data. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
- Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
- The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.
- Should the buyer believe that the seller or processor (Art. 10.6) carries out processing of his personal data that is contrary to the protection of the private and personal life of the buyer or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may
- ask the seller or processor for an explanation,
- require the seller or processor to remedy the situation.
- We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase with us, if, within the meaning of § 7 para. 3 of Act No. 480/2004 Coll. on Certain Information Society Services, you do not refuse to receive our commercial communications or withdraw your previously granted consent. We use a processor for sending questionnaires, evaluating your feedback and analysing our market position, which is the operator of the Heureka.cz portal; for these purposes we may pass on information about the goods you have purchased and your e-mail address.
- If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller has the right to demand a reasonable fee for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
- The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
- The Buyer agrees to the storage of the so-called. cookies on his computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without the imposition of the so-called. cookies on the buyer's computer, the buyer may withdraw consent under the previous sentence at any time. None of the cookies used on www.krasnakazdyden.cz contain or collect information of a personal nature of the buyer and thus do not allow to identify a specific person in any way. The buyer can manually delete, block or disable individual cookies in his browser settings. You can disable the processing of cookies on the https://www.beautifuleveryday.eu website at any time
- The Buyer may be served at the Buyer's electronic address.
- If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
- If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
- Seller's contact details - delivery address: Krásná Každý Den s.r.o., Ke Zvoli 783, Dolní Břežany, 25241, e-mail address firstname.lastname@example.org, telephone +420 730 988 162.