- These General Terms and Conditions (hereinafter referred to as “Terms and Conditions“) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code“)
Global retail s.r.o.
ID: 293 71 210
with registered office: Kozí 4, 60200 Brno
Phone: +420 608 821 197
(hereinafter referred to as the “Seller“)
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside of his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as: “Buyer“) through the web interface located on the website available at www.aesthetics365.com (hereinafter referred to as the “OnlineShop”).
- The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
- These Terms and Conditions and the Purchase Contract are concluded in the Czech language.
Information on goods and prices
- Information about the goods, including the prices of individual goods and their main features are listed in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related fees. The prices of the goods remain valid for the time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
- All presentation of goods placed in the catalogue of the online store is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
- Information on the costs associated with the packaging and delivery of goods is published in the online shop.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
Order and conclusion of 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) shall be borne by the buyer himself. These costs do not differ from the basic rate.
- The buyer orders the goods in the following ways:
- via his customer account if he has previously registered in the online shop.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the ORDER button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer’s confirmation that he has read these terms and conditions.
- Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The purchase contract is concluded only after acceptance of the order by the seller. Notification of order acceptance is delivered to the buyer’s email address.
- In the event that any of the requirements specified in the order cannot be fulfilled, the seller will send the buyer an amended offer to his email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer’s confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of acceptance of the order by the Seller. The Buyer may cancel the order by calling the telephone number or email of the Seller specified in these Terms and Conditions.
- In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends an amended offer to the Buyer’s email address. The amended offer shall be considered a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of acceptance by the buyer to the seller’s email address.
- Based on the buyer’s registration made in the online shop, the buyer can access his customer account. The buyer can order goods from his/her customer account.
- When registering for a customer account 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 customer account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement and these 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.
Payment terms and delivery of goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- by wire transfer to the Seller’s bank account 2501844462 / 2010 held at Fio Bank a.s. for payments in CZK or to the Seller’s bank account 2801861045 / 2010 held at Fio Bank a.s. for payments in EUR.
- by credit card / online payment using the payment gateway of ComGate Payments, a.s. (for more information please visit https://www.comgate.cz/cz/platebni-brana)
- online and credit card payments are arranged by the company:
- ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
Tel: +420 228 224 267
- ComGate Payments, a.s.
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
- 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 bank account.
- The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.
- The goods are delivered to the buyer:
- to the address specified by the buyer in the order.
- The choice of delivery method is made during the ordering process.
- The cost of delivery of the goods depending on the method of shipment and receipt of the goods is specified in the buyer’s order and in the confirmation of the order by the seller. In the event that the method of transport is agreed on the basis of a special 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 the packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier.
- The Seller shall issue a tax document – invoice to the Buyer. The tax receipt is sent to the buyer’s email address.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.
Withdrawal from the contract
- A buyer who has entered into a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
- from the date of acceptance of the first delivery of goods, if the subject of the contract is a regular recurring delivery of goods.
- In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period by e-mail to the address of the operator.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the 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.
- If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The Seller will only return the funds received to the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred.
- If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods to him or proves that he has sent the goods to the seller.
- The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
- The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of the notice of withdrawal from the Contract, in the same manner or in the manner specified by the Buyer.
Rights from defective performance
- 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 stated by the seller for their use 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 according to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight; and
- the goods meet the requirements of the legislation.
- If a defect appears within six months of the buyer’s receipt of the goods, 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. This provision shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by the normal use of the goods, to a defect in the case of used goods corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
- In the event of a defect, the buyer may submit a claim to the seller and demand:
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if he cannot use the item properly due to the recurrence of the defect or defects after repair,
- in the event of a large number of defects in the goods.
- The Seller is obliged to accept the complaint in any establishment where the complaint can be accepted, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
- The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. Complaints, including the removal of defects, must be settled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claiming is considered to be the moment when the buyer’s expression of will (exercising the right of defective performance) reaches the seller.
- The seller informs the buyer by e-mail about the result of the complaint.
- The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.
- In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
- The buyer has the choice of how to make a claim.
- The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address specified in the Buyer’s customer account or in the order.
Out-of-Court Dispute Resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
- The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of 21. May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- 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 office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
- All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legislation.
- 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.
- All rights to the Seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. When using the online shop, the Buyer must not use any procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online shop in an unauthorised manner and use the online shop or its parts or software in a manner that would be contrary to its purpose or purpose.
- The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- 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.
- A sample form for withdrawal from the contract is attached to the terms and conditions.
These Terms and Conditions shall come into force on 1. 8. 2022