Terms and Conditions

Terms and Conditions

 

Trading company Kvantová kosmetika vědě s.r.o.,

with registered office at Zenklova 24/54, Prague 8 - Libeň, 180 00,
identification number: 090 87 893,
registered on April 14, 2020 in the commercial register kept at the Municipal Court in Prague, under file number C 330683,

for the sale of goods through the online store located at  www.LAVYcosmetics.com


1. INTRODUCTORY PROVISIONS

a. These terms and conditions (hereinafter referred to as " terms and conditions ") Kvantová kosmetika vědí sro, ID: 090 87 893, VAT number: 09087893, with registered office at Zenklova 24/54, Prague 8 - Libeň, 180 00 (hereinafter referred to as " seller ") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (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 the purchase contract (hereinafter only " 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 a website located at the internet address LAVYcosmetics.com (hereinafter referred to as the " website "), through the website interface (hereinafter referred to as the " store web interface ").

b. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

c. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

d. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

e. 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 period of validity of the previous version of the terms and conditions.


2. USER ACCOUNT

a. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

b. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data given 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.

c. 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 his user account.

d. The buyer is not authorized to allow the use of the user account by third parties.

e. The seller can cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates his obligations under the purchase contract (including terms and conditions).

f. 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 hardware and software equipment of third parties.


3. CONCLUSION OF THE PURCHASE AGREEMENT

a. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),

b. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods a

c. information on the costs associated with the delivery of the goods (hereinafter referred to collectively as the " order ").

d. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

e. The store's web interface contains information about the goods, including the prices of individual goods and the costs for returning the goods, if these goods, by their very nature, cannot be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.

f. The cost of packaging the goods is included in the price of the goods. The price for the delivery of the goods is calculated separately. The information on the costs associated with the delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic and Slovakia.

a. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information on:
I. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "ORDER" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the order (hereinafter referred to as the " buyer's e-mail address ").
II. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
III. 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 e-mail, to the e-mail address of the buyer.
IV. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.

 


4. PRICE OF GOODS AND TERMS OF PAYMENT

a. is not available in cash upon collection at the point of sale;

b. cash on delivery / cashless to the carrier or České Post at the place specified by the buyer in the order;

c. by non-cash transfer to the seller's accounts maintained at FIO BANK as (hereinafter referred to as " the seller's accounts "):
I. account maintained in CZK: 2301798414 / 2010
II. account held in EURO: 2501798443 / 2010

d. cashless via the GoPay payment system of the company GoPay, s.r.o., which allows you to pay cashless, e.g. with a payment card or via Apple Pay and Google Pay.

e. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
I. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the 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.
II. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
III. In the case of payment in cash or cash 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 3 days from the conclusion of the purchase contract.
IV. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of 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.
V. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
VI. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
VII. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – ​​the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
VIII. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.


5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

a. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods in closed packaging, which the consumer from removed the packaging and for hygienic reasons it is not possible to return it.

b. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance 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. Withdrawal from the purchase contract can be sent by the buyer exclusively to the seller's e-mail address: info@lavycosmetics.com.

c. In case of withdrawal from the purchase contract according to Article 5.2. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller.

d. In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, to the buyer's bank account. At the same time after withdrawal or immediately after that, the buyer sends his bank connection (bank account) to the seller via email to info@lavycosmetics.com. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and the buyer does not incur additional costs. 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 to him.

e. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.

f. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

g. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged together with the goods to the seller return the given gift as well.

 


6. CARRIAGE AND DELIVERY OF GOODS

a. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

b. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

c. 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 was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

d. When taking over 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, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

e. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.


7. RIGHTS FROM DEFECTIVE PERFORMANCE

a. the goods have the properties that the parties have agreed upon, they have the properties that the seller has described and the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used; 

b. the goods correspond to the quality or execution of the contracted model.

c. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on the protection consumer, as amended).

a. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
I. Rights from defective performance are exercised by the buyer at the address of the seller's place of business, where the acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the headquarters or place of business. 
II. Is the goods in the appropriate quantity, measure or weight.


8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

a. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

b. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

c. Handling of consumer complaints is ensured by the seller via the electronic address: info@lavycosmetics.com. The seller will send information about handling the buyer's complaint to the buyer's email address.

d. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

e. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.


9. PROTECTION OF PERSONAL DATA

a. Protection information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data ) (hereinafter referred to as the " GDPR Regulation ") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller by means of a special document.


10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

a. The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (Act on certain information society services), as amended, to the sending of business communications by the seller to e-mail address or phone number of the buyer. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.

b. The buyer agrees to save so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.


11. DELIVERY

a. The buyer can be delivered to the buyer's electronic address.


12. FINAL PROVISIONS

a. The relationship established by the purchase contract is governed by Czech law.

b. By choosing the law according to Article 12.1 of the terms and conditions, the consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

c. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

d. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

e. Seller's contact details:
I. Email address:  info@lavycosmetics.com,
II. Phone: +420 777 05 46 46, available on weekdays from 10 a.m. to 6 p.m. The phone number is not available on weekends and public holidays.

 

In Prague on May 8, 2020