Terms and Conditions

These Terms and Conditions are valid from October 1, 2016 and apply to purchases made in the online store located at the internet address https://www.krasnakazdyden.cz, 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 Prague 4

Warehouse:
Ke Zvoli 783, Dolní Břežany, 25241, Czech Republic

Company ID: 05080720, VAT ID: CZ05080720
registered in the Commercial Register maintained by the Municipal Court in Prague,

Bank details for CZK: 2101003250/2010, Fio banka, a.s.
Bank details for EUR: CZ9220100000002401003252, SWIFT: FIOBCZPPXXX, Fio banka, a.s.

1. INTRODUCTORY PROVISIONS

   1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting 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 store is operated by the seller on the website located at the internet address https://www.krasnakazdyden.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Store Interface”).

   2. The Buyer has the opportunity to acquaint themselves with these Terms and Conditions before submitting an order and is notified of them in advance. By submitting an order, the Buyer confirms that they have read these Terms and Conditions and agree with them.

   3. The Terms and Conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent professional practice.

   4. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

   5. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may only be concluded in the Czech language.

   6. The seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of effectiveness of the previous version of the Terms and Conditions.

   7. All contractual relationships are governed by the legal order of the Czech Republic.

2. USER ACCOUNT

   1. Based on the Buyer’s registration made on the Website, the Buyer may access their user interface. From their user interface, the Buyer may place orders for goods (hereinafter referred to as the “User Account”). The Buyer may also place orders for goods without registration directly from the Store Interface.

   2. 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 information provided in the User Account in the event of any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

   3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

   4. The Buyer is not entitled to allow the use of the User Account by third parties.

   5. The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 1 year, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).

   6. 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 the necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

   1. All presentations of goods placed in the Store Interface are of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

   2. The Store Interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by their nature, the goods cannot be returned by the usual postal route. The prices of the goods are stated including value-added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the Store Interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed conditions.

   3. The Store Interface also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the Store Interface applies only in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.

   4. To order goods, the Buyer fills in the order form in the Store Interface. The order form contains, in particular, information about:
      a) the goods being ordered (the Buyer “inserts” the ordered goods into the electronic shopping cart of the Store Interface),
      b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
      c) information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

   5. 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 the possibility of detecting and correcting errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “Complete and Pay for the Order” button. The data stated in the Order are considered correct by the Seller. The Seller shall promptly confirm the receipt of the Order to the Buyer by electronic mail, to the Buyer’s electronic address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s Electronic Address”).

   6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

   7. The contractual relationship between the Seller and the Buyer arises upon 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 Address.

   8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

   1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
      a) in cash on delivery at the place specified by the Buyer in the Order;
      b) by bank transfer to the Seller’s account no. 2101003250/2010 for CZK or CZ9220100000002401003252 for EUR, held with Fio banka, a.s. (hereinafter referred to as the “Seller’s Account”);
      c) by payment card.

   2. All prices of goods, including special offers, remain valid until revoked or while stocks last.

   3. 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 shall also include the costs associated with the delivery of the goods.

   4. The Seller does not require the Buyer to pay any advance payment or similar payment. This is without prejudice to the provisions of Article 4.7 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.

   5. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the Purchase Contract.

   6. In the case of cashless 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, which the Buyer receives when completing the Order. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.

   7. The Seller is entitled, especially in the event that the Buyer fails to provide additional confirmation of the Order (Article 3.6), to demand payment of the entire purchase price before dispatching the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

   8. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

   9. If customary in business practice or if provided for 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 Contract. The invoice will be sent to the Buyer only electronically. The Seller is a VAT payer.

5. DISCOUNTS AND DISCOUNT COUPONS

   1. The Seller provides various types of discounts on the offered goods. Discounts may include, for example, loyalty discounts, referral discounts, or discounts in the form of coupons and vouchers.

   2. Discount coupons and vouchers usually contain discount codes. Discount codes cannot be used repeatedly, and individual types of discounts cannot be combined unless explicitly stated by the Seller.

   3. Each discount has its own rules and conditions of use. These are either attached to the discount or described in detail on the Seller’s website. In case of any ambiguity regarding the rules of discounts, discount coupons, or vouchers, the interpretation set by the Seller shall apply.

   4. In the event that a discount, discount coupon, or voucher is applied in violation of the rules of the given discount, coupon, or voucher, the Seller reserves the right to refuse the application of such discount, coupon, or voucher. The Buyer will be informed of this fact and will have the option to place an order without the discount.

   5. All discounts apply only to Buyers who are consumers.

   6. If the value of a discount coupon, voucher, or gift card is higher than the total value of the purchase, the Buyer is not entitled to a payout of the difference.

6. PRODUCT SAMPLES

   1. Samples serve as an aid in selecting the right product and do not replace the full product.

   2. The price of samples is often symbolic and subsidized by the manufacturers.

   3. An order cannot be completed if there are only samples in the shopping cart. To complete an order, at least one full-sized product must be placed in the cart. A full-sized product is defined as a product not marked as a sample in the online store. Brochures and leaflets are not considered full-sized products.

   4. The maximum number of paid samples per order is 5 pieces. For one type of paid sample, a maximum of 2 pieces per order is allowed.

   5. The maximum number of free samples (i.e., priced at 0 CZK/0 EUR) per order is 3 pieces. For one type of free sample, only 1 piece per order is allowed.

   6. The maximum number of paid samples combined with free samples per order is 5 pieces.

7. WITHDRAWAL FROM THE PURCHASE CONTRACT

   1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the delivery of goods that have been customized according to the Buyer’s wishes or for their person, as well as goods that have been irreversibly mixed with other goods after delivery, or from a Purchase Contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and which, for hygienic reasons, cannot be returned (e.g., lipsticks, mascaras, eyeliners, eye pencils, shampoos, conditioners, make-up brushes, etc.). It is also not possible to return goods due to unsuitable fragrance or texture, as the product has already been opened and thus contaminated.

   2. It is not possible to withdraw from the contract without giving a reason in cases where the goods have already been partially consumed.

   3. Unless it is a case referred to in Article 6.1 or another case where withdrawal from the Purchase Contract is not possible, the Buyer has, in accordance with Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods. If the subject of the Purchase Contract consists of several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may use the withdrawal form provided by the Seller, which forms an annex to these Terms and Conditions. The withdrawal form may be sent by the Buyer, among other ways, to the Seller’s business address or to the Seller’s electronic address. The withdrawal form, returned goods, and proof of purchase (invoice) shall be sent by the Buyer to the following warehouse address: Krásná Každý Den s.r.o., Ke Zvoli 783, Dolní Břežany, 25241. Personal return of goods is not possible.

   4. In the event of withdrawal from the Purchase Contract pursuant to Article 6.3 of these Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.

   5. In the event of withdrawal from the Purchase Contract pursuant to Article 6.3 of these Terms and Conditions, the Seller shall return the monetary funds received from the Buyer within fourteen (14) days of withdrawal to the Buyer’s bank account. The Seller is also entitled to return the performance provided by the Buyer already at the time of return of the goods by the Buyer or in another way if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the monetary funds received to the Buyer before the Buyer returns the goods.

   6. The Seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the Buyer’s claim for reimbursement of the purchase price. The Seller may claim compensation if the returned goods are incomplete, damaged, or visibly worn.

   7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the Buyer’s account.

   8. If the Buyer has been provided with a gift together with the goods, the gift agreement between the Seller and the Buyer is concluded with a dissolving condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift ceases to be effective and the Buyer is obliged to return the provided gift to the Seller together with the goods. For gifts provided free of charge, it is not possible to assert any consumer rights.

   9. In the event of a consumer dispute arising between the Seller and the Buyer from the Purchase Contract or from a contract for the provision of services, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of such a dispute to the designated body for out-of-court settlement of consumer disputes, which is:

      Czech Trade Inspection Authority
      Central Inspectorate – ADR Department
      Štěpánská 15
      120 00 Prague 2

      Web: adr.coi.cz

      The Buyer may also use the online dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

8. SHIPPING AND DELIVERY OF GOODS

   1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

   2. 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.

   3. If, for reasons on the part of the Buyer, 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 repeated delivery of the goods, or the costs associated with another method of delivery.

   4. When taking delivery of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. If the Buyer discovers damage to the packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to accept the shipment from the carrier.

   5. Additional rights and obligations of the parties in the delivery of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.

   6. The costs of packaging and postage selected by the Buyer in the Order are borne by the Buyer. These costs are governed by the current price list of the Seller, published on the website https://www.krasnakazdyden.cz.

   7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

9. 1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

   2. The Seller is 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:

   3. 1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, have the properties described by the Seller or the manufacturer, or which the Buyer expected given the nature of the goods and based on the advertising carried out by them,

      2. the goods are suitable for the purpose stated by the Seller, or for the purpose for which goods of this kind are usually used,

      3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,

      4. the goods are in the appropriate quantity, measure, or weight, and

      5. the goods comply with the requirements of legal regulations.

   4. The provisions of Article 8.2 of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods with a defect corresponding to the degree of use or wear and tear which the goods had upon receipt by the Buyer, or if it follows from the nature of the goods.

   5. If a defect appears within six months of receipt, it shall be presumed that the goods were defective at the time of receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.

   6. The Buyer shall exercise rights arising from defective performance with the Seller at the Seller’s business premises. The address for sending goods is: Krásná Každý Den s.r.o., Ke Zvoli 783, Dolní Břežany, 25241. Personal delivery of goods is not possible. The Buyer shall also first inform the Seller at the Seller’s electronic address info@krasnakazdyden.cz that they will be sending the goods to the Seller.

   7. The moment of filing a complaint is considered to be the moment when the Seller receives the goods claimed by the Buyer.

   8. A complaint will not be recognized if the Buyer knew before taking delivery of the goods that the goods had a defect, or if the Buyer caused the defect themselves.

   9. When filing a complaint, the Buyer is obliged to prove the conclusion of the Purchase Contract with the Seller, in particular by presenting the proof of purchase (invoice). At the same time, the Buyer must provide a description of the defect for which the goods are being claimed.

   10. The Seller is obliged to confirm by e-mail to the consumer that the claimed goods have been received and at the same time inform them about how the complaint will be handled, or about its rejection.

   11. In the event that the complaint is acknowledged by the Seller, the complaint shall be resolved without undue delay, but no later than 30 days from the date the complaint was filed, unless otherwise agreed. If it is not possible to exchange the goods, the Seller shall return to the Buyer the purchase price of the goods stated on the invoice to the Buyer’s bank account. At the same time, in the event of an acknowledged complaint, the Buyer is entitled to reimbursement of the costs associated with shipping the goods to the Seller in the amount of CZK 64.

   12. Additional rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

10. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

    1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

    2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.

    3. The Seller ensures out-of-court handling of consumer complaints via their electronic address. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address.

    4. The Seller is authorized to sell goods on the basis of a trade license. Trade licensing control is carried out within the scope of its competence by the relevant trade licensing authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, within its defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

    5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

11. PROTECTION OF PERSONAL DATA

    1. The protection of the Buyer’s personal data, who is a natural person, is provided in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

    2. The registration number of the operator of the website https://www.krasnakazdyden.cz, Krásná Každý Den s.r.o., with the Office for Personal Data Protection is 00066470.

    3. The Buyer agrees to the processing of the following personal data: first name and surname, delivery address, billing address, e-mail address, telephone number, login name, and login password (hereinafter collectively referred to as “personal data”).

    4. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising rights and obligations arising from the Purchase Contract and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data to the full extent under this Article is not a condition that would in itself prevent the conclusion of a Purchase Contract.

    5. The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (when registering, in their User Account, and when placing an order via the Store Interface) and that they are obliged to inform the Seller without undue delay of any changes to their personal data.

    6. The processing of the Buyer’s personal data may be entrusted by the Seller to a third party as a processor. Apart from persons transporting the goods, personal data will not be transferred by the Seller to third parties without the Buyer’s prior consent.

    7. 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 printed form in a non-automated manner.

    8. The Buyer confirms that the personal data provided are accurate and that they have been informed that the provision of personal data is voluntary.

    9. If the Buyer believes that the Seller or the processor (Article 10.6) is carrying out processing of their personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the Buyer may:
       a) request an explanation from the Seller or the processor,
       b) request that the Seller or the processor remedy the situation.

    10. Customer satisfaction with the purchase is determined through e-mail questionnaires within the “Verified by Customers” program, in which our online store participates. These are sent to you each time you make a purchase with us, unless you refuse to receive commercial communications in accordance with Section 7 (3) of Act No. 480/2004 Coll., on Certain Information Society Services, or unless you withdraw your previously granted consent. For sending questionnaires, evaluating your feedback, and analyzing our market position, we use a processor, namely the operator of the Heureka.cz portal, to whom we may transfer information about the purchased goods and your e-mail address for these purposes.

    11. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to demand a reasonable fee for providing such information, not exceeding the costs necessary for providing the information.

12. ZASÍLÁNÍ OBCHODNÍCH SDĚLENÍ A UKLÁDÁNÍ COOKIES

    1. Kupující souhlasí se zasíláním informací souvisejících se zbožím, službami nebo podnikem prodávajícího na elektronickou adresu kupujícího a dále souhlasí se zasíláním obchodních sdělení prodávajícím na elektronickou adresu kupujícího.
    2. Kupující souhlasí s ukládáním tzv. cookies na jeho počítač. V případě, že je nákup na webové stránce možné provést a závazky prodávajícího z kupní smlouvy plnit, aniž by docházelo k ukládání tzv. cookies na počítač kupujícího, může kupující souhlas podle předchozí věty kdykoliv odvolat. Žádná z cookie použitá na www.krasnakazdyden.cz neobsahuje a ani nesbírá informace osobní povahy kupujícího a neumožňuje tak jakkoli identifikovat konkrétní osobu. Kupující může v nastavení svého prohlížeče jednotlivé cookie ručně mazat, blokovat či zakázat. Lze tak kdykoli zakázat zpracovávání cookies na stránkách https://www.krasnakazdyden.cz.

13. DELIVERY

    1. Delivery to the Buyer may be made to the Buyer’s electronic address.

14. FINAL PROVISIONS

    1. If a relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

    2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall be substituted. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

    3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

    4. An annex to the Terms and Conditions is the sample withdrawal form from the Purchase Contract.

    5. Seller’s contact details – address for delivery: Krásná Každý Den s.r.o., Ke Zvoli 783, Dolní Břežany, 25241, electronic address: info@krasnakazdyden.cz, phone: +420 730 988 162.