Provision on the choice of law
The relationships and potential disputes arising between the seller and the buyer in relation to concluding a purchase agreement shall be exclusively resolved in accordance with Czech law, particularly the Civil Code, or another relevant national legislation.
Provision on the choice of jurisdiction
Should the buyer not hold the position of a consumer, then the following shall apply: the seller and the buyer had agreed that any and all disputes arising between them shall be resolved by the District Court in Teplice.
TERMS AND CONDITIONS
of the following business corporation: Gitano cosmetics a.s
with its registered office at Mírová 218/6, Dubí - Teplice, 417 03
ID No.: 06712363
a company registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section B, Insert 2676.
for the purposes of selling goods via an online store located at the following website: www.gitanocosmetics.cz
Phone No.: +420 728 608 266
1. INITIAL PROVISIONS
1.1. In accordance with Section 1751 par. 1 of Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”), these Terms and Conditions (hereinafter the “Terms and Conditions”) of Gitano cosmetics a.s, with its registered office at Ruská 117/17, Dubí - 417 03, ID No.: 06712363, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section B, Insert 2676 (hereinafter the “seller”), govern mutual rights and duties of contracting parties arising in relation to or on a basis of a purchase agreement (hereinafter the “purchase agreement”) concluded between the seller and another individual (hereinafter the “buyer”) via an internet store of the seller. The seller operates the internet store on a website located at an internet address (hereinafter the “www.gitanocosmetics.cz”), namely via the interface of a website (hereinafter the “web interface of the store”).
1.2. The Terms and Conditions shall not apply to cases when the subject which intends to purchase goods from the seller is a legal entity or an individual who orders the goods as part of his/her business activities or his/her individual performance of a profession.
1.3. Provisions which differ from the Terms and Conditions may be negotiated in the purchase agreement. The differing provisions in the purchase agreement shall take precedence over the provisions of the Terms and Conditions.
1.4. Provisions of the Terms and Conditions form an integral part of the purchase agreement. The purchase agreement and the Terms and Conditions are made out in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5. The wording of the Terms and Conditions may be changed or amended by the seller. This provision shall not affect the rights and duties arising while the previous wording of the Terms and Conditions was in effect.
2. USER ACCOUNT
2.1. On the basis of a buyer’s registration performed on the website, the buyer may access his/her/its user interface. From his/her/its user interface, the buyer may order goods (hereinafter the “user account”). If the web interface of the store allows such a procedure, the buyer may order the goods also without the registration directly through the web interface of the store.
2.2. When registering at the website and ordering the goods, the buyer is obliged to provide all the data in their correct and true form. The buyer is obliged to update the data included in the user account if they change. The data provided by the buyer in the user account and when ordering the goods shall be considered as correct by the seller.
2.3. The access to the user account is secured by the user name and password. The buyer is obliged to maintain confidentiality of the information necessary for the access to his/her/its account.
2.4. The buyer is not entitled to enable third parties to use his/her/its user account.
2.5. The seller may shut the user account down, particularly in the case if the buyer hasn’t used the user account for more than 5 years or if the buyer violates his/her/its obligations arising from the purchase agreement (including the Terms and Conditions).
2.6. The buyer acknowledges that the user account may not be accessible continuously, especially with regard to necessary maintenance of the hardware and software equipment of the seller or necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The web interface of the store contains the information on the goods, including the specification of prices of individual goods. The prices are specified including the value added tax and all related fees. The prices of the goods remain valid for the period during which they are specified in the web interface of the store. This provision shall not limit the seller’s ability to conclude a purchase agreement under individually negotiated conditions.
3.2. The web interface of the store further contains information on the costs related to the packaging and delivery of the goods. The information on the costs related to the packaging and delivery of goods included in the web interface of the store only applies to cases when the goods is delivered within the territory of the Czech Republic.
3.3. In order to order the goods, the buyer shall complete an order form in the web interface of the store. The order form particularly contains the information on:
3.3.1. the ordered goods (the buyer shall “place” the ordered goods into an electronic shopping basket of the web interface of the store),
3.3.2. the manner of payment of the purchase price for the goods, the data on the requested manner of delivery of the ordered goods and
3.3.3. the costs related to the delivery of the goods (hereinafter collectively as the “order”).
3.4. Prior to sending the order to the seller, the buyer is enabled to check and change the data which were inserted into the order by the buyer, also with regard to the buyer’s option to realize and rectify errors which occurred when the data were inserted into the order. The buyer shall send the order to the seller by clicking on the button “CREATE THE ORDER”. The seller shall consider the data included in the order as correct.
3.5. The act of sending the order shall be considered as such an act of the buyer which identifies in an indisputable manner the ordered goods, the purchase price, the buyer, the manner of paying the purchase price, and represents a binding draft of a purchase agreement. The validity of the order is based on the condition of completing all mandatory data in the order form, familiarizing with these Terms and Conditions on the website and the buyer’s confirmation of the fact that he/she/it had made himself/herself/itself familiar with these Terms and Conditions.
3.6. Without undue delay after receiving the order, the seller shall confirm the delivery of the order to the buyer via electronic mail, namely to the electronic address of the buyer contained in the user interface or in the order (hereinafter the “buyer’s electronic address”).
3.7. Depending on the character of the order (the number of goods, the amount of the purchase price, the expected costs for the transportation), the seller is always entitled to ask the buyer to further confirm the order (e.g. in writing or by phone).
3.8. The draft of the purchase agreement in the form of an order shall be valid for fifteen days.
3.9. The contractual relationship between the seller and the buyer commences at the moment when the acceptance of the order is delivered to the buyer’s electronic address in an electronic form by the seller.
3.10. If any of the requirements included in the order cannot be fulfilled, the seller shall send to the buyer’s electronic address a modified order with the specification of possible versions of the order and requests the buyer’s statement.
3.11. The modified order is considered to be a new draft of the purchase agreement, and the purchase agreement shall in such case be concluded at the moment the buyer accepts the order via the electronic mail.
3.12. The buyer consents to the use of remote communication means during the conclusion of the purchase agreement. The costs arising to the buyer while using remote communication means in relation to concluding the purchase agreement (the costs of internet connection or phone calls) shall be borne by the buyer, while such costs shall not differ from the basic rate.
4. PRICE FOR THE GOODS AND PAYMENT CONDITIONS
4.1. The price for the goods and potential costs related to the delivery of the goods under the purchase agreement may be paid by the buyer in one of the following manners:
4.1.1. in cash in the seller’s business premises located at Ruská 117/17, Dubí - 417 03;
4.1.2. in cash on delivery at a location specified by the buyer in the order;
4.1.3. via a cashless payment by transferring the amount to the seller’s account No.: 4211174367/6800, maintained by Sberbank CZ, a.s. (hereinafter the “seller’s account”);
4.1.4. via a cashless payment through a payment system;
4.1.5. via a cashless payment by a payment card;
4.1.6. via a loan provided by a third party.
4.2. Together with the purchase price, the buyer is obliged to pay to the seller the costs related to the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the term ‘purchase price’ shall from now on also include the costs related to the delivery of the goods.
4.3. The seller does not demand any advance payment or any similar payment from the buyer. This provision shall not affect the provision of Article 4.6 of these Terms and Conditions in relation to the obligation to pay for the goods in advance.
4.4. In the cases of payments in cash or payments in cash on delivery, the purchase price is payable at the moment of taking over the goods. In the case of a cashless payment, the purchase price is payable within 7 days after the conclusion of the purchase agreement.
4.5. In the case of a cashless payment, the buyer is obliged to pay the purchase price for the goods while specifying the variable symbol of the payment. In the case of a cashless payment, the obligation of the buyer to pay the purchase price shall be considered as fulfilled at the moment when the given amount is credited to the seller’s account.
4.6. The Seller is entitled, especially if the buyer fails to additionally confirm the order (Article 3.6 of these Terms and Conditions), to demand the payment of the entire purchase price prior to dispatching the goods. The provision of Section 2119 par. 1 of the Civil Code shall not apply.
4.7. Any potential discounts from the purchase price provided by the seller to the buyer shall not be mutually combined.
4.8. Should such conduct be customary in business relations or should generally binding legislation provide so, the seller shall issue a tax document – an invoice for the buyer in relation to the payments performed on the basis of the purchase agreement. The tax document – the invoice shall be issued by the seller for the buyer upon the payment of the purchase price, and then delivered in an electronic form to the buyer’s electronic address. The seller is a payer of the VAT.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that in accordance with Section 1837 of the Civil Code, it is not permitted to withdraw among others from a purchase agreement:
5.1.1. on the delivery of goods whose price depends on deviations of the financial market independently on the will of the seller and which may occur in the course of a period for the withdrawal from the agreement,
5.1.2. on the delivery of alcoholic beverages which may only be delivered after the period of thirty days and whose price depends on deviations of the financial market independently on the will of the seller,
5.1.3. on the delivery of goods which had been modified in accordance with the buyer’s wishes or for his/her/its person,
5.1.4. on the delivery of goods which is subject to quick destruction and goods which was irrevocably mixed with other goods upon delivery,
5.1.5. on the delivery of goods in a closed package which was taken out of the package by the buyer and cannot be returned for hygienic reasons,
5.1.6. on the delivery of a sound or visual recording or a computer program whose original packaging had been disrupted,
5.1.7. on the delivery of newspaper, periodicals and magazines,
5.1.8. on the delivery of digital content if not delivered on a tangible medium and if delivered with a previously given expressed consent of the buyer in the course of a period for the withdrawal from the agreement, and the seller informed the buyer before concluding the agreement, that in such case, the buyer is not entitled to withdraw from the agreement.
5.2. Unless the case falls within Article 5.1 of these Terms and Conditions or another case when it is not permitted to withdraw from the purchase agreement, the buyer is entitled in accordance with Section 1829 par. 1 of the Civil Code to withdraw from the purchase agreement within fourteen (14) days upon taking over the goods, and should the subject of the agreement be several sorts of the goods or a delivery of several parts, such period commences on the date of taking over the last delivery of the goods. The notice of withdrawal from the purchase agreement shall be dispatched within the period specified in the previous sentence.
5.3. Should the withdrawal from the purchase agreement under Article 5.2 of these Terms and Conditions occur, the purchase agreement is considered to be invalid ex tunc (since the beginning). The goods shall be returned to the seller within fourteen (14) days upon the withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the costs related to the return of the goods to the seller shall be borne by the buyer, which also applies to the case when the goods cannot be returned in the usual mail manner due to its character.
5.4. Should the withdrawal from the purchase agreement under Article 5.2 of these Terms and Conditions occur, the seller shall return the monetary means previously delivered from the buyer within fourteen (14) days upon the withdrawal from the purchase agreement, and the seller shall do so in the manner which the buyer used to pay the purchase price. The seller is further entitled to return any performance provided by the buyer at the moment when the buyer returns the goods or in another manner, provided that the buyer agrees to such procedure and no further costs arise for the buyer from such conduct. Should the buyer withdraw from the agreement, the seller is not obliged to return the monetary means to the buyer prior to the moment when the buyer returns the goods or substantiates that it had dispatched the goods.
5.5. The seller is entitled to set claim for compensation arising from damage to the goods off against the buyer’s claim for the return of the purchase price.
5.6. If the seller offers to the buyer together with the goods any performance free of charge labeled, for example, as a “gift” or “for free”, such offer represents an offer to conclude a deed of gift in relation to such performance. By ordering the goods with which such performance is offered by the seller and such performance thereupon accepts, the buyer expresses his/her/its consent to the offer to conclude the deed of gift and the deed of gift is thus concluded between the seller and the buyer.
Download a sample withdrawal from the agreement
6. TRANSPORTATION AND DELIVERY OF THE GOODS
6.1. If the manner of transportation has been negotiated on the basis of a special requirement of the buyer, the buyer shall be held responsible for any risks related to such manner of transportation and any additional expenses related to such manner of transportation shall be borne by the buyer.
6.2. If in accordance with the purchase agreement the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take over the goods on delivery.
6.3. If for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay for the expenses related to the repeated delivery or the expenses related to the different manner of delivery.
6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packages of the goods, and if there are any defects, the carrier shall be notified of them immediately. If a damage to the packages which attests to an unauthorized entry into the consignment is discovered, the buyer is not obliged to take over the consignment from the carrier.
7.2.2. the goods are suitable for the purpose which had been specified by the seller for the given goods or for the purpose for which the given type of goods is usually used,
7.2.3. the goods correspond by their quality and execution to the negotiated sample or model, provided that the quality or execution were specified on the basis of a sample or model,
7.2.4. the goods are delivered in a corresponding amount, size or weight, and
7.2.5. the goods correspond to the requirements of law.
7.3. The provisions specified in Article 7.2 of these Terms and Conditions shall not apply to goods sold for a lower price due to a defect for which the lower price had been negotiated, for the wear and tear suffered by the goods due to its usual usage, and in the case of already used goods, for a defect which corresponds to the degree of use or wear and tear which had been present at the moment when the buyer took over the goods, or if it results from the nature of the goods.
7.4. If the defect manifests itself in the course of six months after the takeover, it is presumed that the goods were defected already at the moment of the takeover.
7.5. The claims arising from defected performance shall be exercises with the seller by the buyer at the seller’s business premises located at Ruská 117/17, Dubí - 417 03, which may accept the official claim with regard to the range of goods sold at the given business premises, or also at the official office or place of conducting business. The moment of exercising the official claim shall represent the moment when the seller received the reclaimed goods from the buyer.
7.6. Further rights and duties related to the seller’s liability for defects may be governed by the seller’s reclaim rules.
7.7. The warranty period amounts to 24 months after the date of purchase.
8. FURTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
8.1. The buyer shall acquire the ownership title to the goods as of the moment of paying the entire purchase price for the goods.
8.2. In relation to the buyer, the seller is not bound by any behavior codes within the meaning of Section 1826 par. 1 letter e) of the Civil Code.
8.3. All consumers’ complaints shall be delivered in a written form to the address of Ruská 117/17, Dubí - 417 03, or via electronic mail to firstname.lastname@example.org. The seller shall deliver the information on the resolution of the buyer’s complaint to the address from which the complaint had been delivered to the seller. The buyer is further entitled to extrajudicial resolution of a consumer dispute arising from a purchase agreement in accordance with the Act on Consumer Protection, while the subject of the extrajudicial resolution of consumer disputes is the Czech Trade Inspection – see further information at: http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/
8.4. The seller is authorized to sell the goods on the basis of a trade license. The trade licensing supervision is conducted by the relevant trade licensing office within its scope of authority. The supervision in the area of personal data protection is conducted by the Office for Personal Data Protection. The supervision in relation to the observance of Act No. 634/1992 Coll., on consumer protection, as amended is conducted by the Czech Trade Inspection Authority within the specified range, among others.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of personal data of the buyer who is a natural person (an individual) is guaranteed by Act No. 101/2000 Coll., on personal data protection, as amended.
9.2. The buyer consents to the processing of these personal data: first name and surname, address of his/her residence, identification number, tax identification number, email address, phone number and (hereinafter collectively as “personal data”).
9.3. The buyer consents to the processing of the personal data by the seller, namely for the purposes of execution of rights and duties arising from the purchase agreement and for the purposes of maintaining the user account. Unless the buyer chooses another option, the buyer further consents to the processing of personal data by the seller for the purposes of sending information and business communication (newsletters) to the buyer. The consent to the processing of personal data to the entire extent under this Article does not represent a prerequisite which by itself would thwart the conclusion of the purchase agreement.
9.4. The buyer acknowledges to be obliged to provide his/her/its personal data (during the registration, in his/her/its user account, when making an order via the web interface of the store) in a correct and true manner and to be obliged to notify the seller about any change of such personal data without undue delay.
9.5. The seller is entitled to authorize a third party to process the buyer’s personal data which would then serve as a processor. Except for persons or entities transporting the goods, the seller shall not provide any third parties with the buyer’s personal data without the buyer’s previous consent.
9.6. The personal data shall be processed for the period of 24 months commencing at the moment of the purchase. The personal data shall be processed in an electronic form in an automated manner or in a printed form in an unautomated manner. Upon the expiration of the given period, the personal data shall be deleted.
9.7. The buyer confirms that the provided personal data are accurate and that he/she/it had been informed of the fact that this situation constitutes a voluntary provision of personal data.
9.8. Should the buyer believe that the seller or the processer (Article 9.5) conducts the processing of his/her/its personal data in contradiction to the protection of private and personal life of the buyer or in breach of law, especially if the personal data are inaccurate with regard to the purpose of their procession, the buyer is entitled to:
9.8.1. demand that the seller or the processor provide explanation for such conduct,
9.8.2. request that the seller or the processor rectify such emerged situation.
9.9. Should the buyer request information in the matter of processing his/her/its personal data, the seller is obliged to provide the buyer with such information. For the provision of information in accordance with the previous sentence, the seller is entitled to request the buyer pays a reasonable fee not exceeding the costs necessary for the provision of information.
10. BUSINESS COMMUNICATION (NEWSLETTERS) AND COOKIES
10.1. The buyer consents to information related to the goods, services or enterprise of the seller be sent to the buyer’s electronic address and business communication (newsletters) be sent by the seller to the buyer’s electronic address as well.
10.2. The buyer consents to the so-called cookies be saved on his/her/its computer. If the purchase on the website may be carried out and the seller’s obligations arising from the purchase agreement fulfilled without the necessity of the so-called cookies being saved on the buyer’s computer, the buyer may withdraw his/her/its consent under the previous sentence at any time.
11. DELIVERY OF NOTIFICATIONS
11.1. Any notifications related to the relationships between the seller and the buyer, especially those related to the withdrawal from the purchase agreement, shall be delivered by registered mail, unless otherwise specified in the purchase agreement. The notifications shall be delivered to the relevant contact address of the other contracting party and considered as delivered and effective as of the moment of their delivery via the mailing services, with the exception of the notification on the withdrawal from the agreement made by the buyer, in which case the withdrawal comes into effect if the notification by the buyer is dispatched within the period specified for the withdrawal.
11.2. Further, a notification whose takeover was refused by the addressee (recipient), or which was not collected within the storage period, or which had returned as undeliverable shall also be considered as been delivered.
11.3. The common correspondence to which Article 11.1. does not apply may be mutually delivered between the contracting parties in the form of electronic mail, namely to the electronic address specified in the buyer’s user account or specified by the buyer in the order, and the address specified by the seller on its website.
12. FINAL PROVISIONS
12.1. Should the relationship arising from the purchase agreement contain an international (foreign) element, the contracting parties hereby arrange that the relationship shall be governed by Czech law. This provision shall not affect consumer rights arising from generally binding legislation.
12.2. Should any of the provisions of these Terms and Conditions be or become invalid or ineffective, a provision whose meaning is the closes to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of a single provision shall not in any way affect the validity of the remaining provisions. All changes or amendments to the purchase agreement or the Terms and Conditions shall be concluded in a written form.
12.3. The purchase agreement including the Terms and Conditions shall be archived by the seller in an electronic form, while it shall not be accessible.
12.4. A sample form for the withdrawal from the purchase agreement forms an annex to these Terms and Conditions.
12.5. Contact information of the seller: Ruská 117/17, Dubí - 417 03; correspondence address: Ruská 117/17, Dubí - 417 03; electronic address: email@example.com; phone No.: +420 728 608 266.
12.6. In accordance with Section 1826 par. 1 letter a) of the Civil Code, we hereby inform the customer, that the agreement between the seller (Gitano cosmetics a.s) and the buyer is stored by the seller and at any time accessible to the customer.