1. TERMS AND CONDITIONS
the trading company
SLAKS group s.r.o., Paris Street 203/19, Josefov, 110 00 Prague 1; ID No. 29077567; VAT ID CZ29077567
for the sale of goods via the online store located at the internet address www.faoncosmetics.eu
GENERAL PROVISIONS
1.1. These terms govern, in accordance with the provision of § 1751 para. 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 based on the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) via the seller's online store. The online store is operated by the seller on a website located at the internet address www.faoncosmetics.eu (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “shop interface”).
1.2. 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 in the course of their business activity or in the course of their independent performance of a profession.
1.3. Provisions that deviate 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.
1.4. 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 be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms and conditions.
USER ACCOUNT
2.1. Based on the buyer's registration completed on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the “user account”). If the shop interface allows it, the buyer can also order goods without registration directly from the shop interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account whenever they change. The data provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary for access to their user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller can cancel the user account, especially in cases where the buyer has not used their user account for more than 12 months or in cases where the buyer breaches their obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, particularly due to the necessary maintenance of the seller's hardware and software, or due to the necessary maintenance of hardware and software of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods placed in the shop interface are of an informative nature and the seller is not obliged to conclude a purchase contract regarding this goods. The provision of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The shop interface contains information about the goods, including the prices of individual goods and costs for returning goods, if such goods cannot be returned by the usual postal route due to their nature. The prices of goods are quoted including VAT and all related fees. The prices of goods remain valid for as long as they are displayed in the shop interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The shop interface also contains information about the costs associated with packing and delivering goods. Information on the costs associated with packing and delivering goods stated in the shop interface is only valid in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills out an order form in the shop interface. The order form contains, in particular, information about:
3.4.1. the ordered goods (the buyer will "put" the ordered goods into the electronic shopping cart of the shop interface),
3.4.2. the method of payment for the purchase price of the goods, details on the requested method of delivery of the ordered goods, and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that they entered in the order, considering the possibility for the buyer to check and correct errors that occurred during data entry into the order. The buyer submits the order to the seller by clicking the “Send Order” button. The data provided in the order are considered correct by the seller. The seller promptly confirms to the buyer via email the receipt of the order, to the email address provided by the buyer in the user account or in the order (hereinafter referred to as the “buyer’s email address”).
3.6. The seller is always entitled, depending on the nature of the order (the quantity of goods, the amount of the purchase price, the anticipated delivery costs) to request additional confirmation from the buyer regarding the order (for example, in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises upon receipt of the order confirmation (acceptance), which is sent by the seller to the buyer by email to the buyer's email address.
3.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer in connection with the use of remote communication means when concluding the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer themselves, and such costs do not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer to the seller in the following ways:
in cash at the seller's premises
in cash on delivery at a place designated by the buyer in the order;
by bank transfer to the seller's account
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packing and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include the costs associated with the delivery of goods.
4.3. The seller does not require an advance payment or any similar payment from the buyer. This does not affect the provision in Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of a cash payment or in the case of payment on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days from the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods along with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is considered fulfilled at the moment when the relevant amount is credited to the seller's account.
4.6. The seller is entitled, especially in the case that the buyer does not provide additional confirmation of the order (Article 3.6), to demand the full purchase price to be paid before sending the goods to the buyer. The provision of § 2119 para. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods provided to the buyer by the seller cannot be mutually combined.
4.8. If it is customary in business dealings or stipulated by generally binding legal regulations, the seller will issue a tax document - invoice regarding payments made based on the purchase contract to the buyer. The seller is not a VAT payer. The tax document - invoice will be issued by the seller to the buyer after the price of goods has been paid and will send it in electronic form to the buyer's email address.
WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that according to the provision of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the buyer's wishes or for their person, from the purchase contract for the delivery of goods that are subject to rapid spoilage, as well as goods that have been irretrievably mixed with other goods after delivery, from the purchase contract for the delivery of goods in a sealed package that the consumer has taken out and cannot be returned for hygienic reasons.
5.2. Unless it is a case mentioned in Article 5.1 of the terms and conditions or another case where the purchase contract cannot be withdrawn from, the buyer has the right in accordance with the provision of § 1829 para. 1 of the Civil Code to withdraw from the purchase contract within fourteen (14) days of receiving the goods, provided that if the purchase contract concerns several types of goods or the delivery of several parts, this deadline runs from the day of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the deadline stated in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer, among others, to the address of the seller's premises or to the seller's email address.
5.3. In the case of withdrawal from the purchase contract according to Article 5.2 of the 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 from the contract.
5.4. In the case of withdrawal from the 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 from the withdrawal from the purchase contract to the buyer, in the same way the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer upon return of the goods by the buyer or in another manner, if the buyer agrees to it and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer until the buyer returns the goods or proves that they sent the goods to the seller.
5.5. The seller is entitled to offset claims for compensation for damages caused to the goods against the buyer's claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 para. 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are received by the buyer. In this case, the seller will refund the purchase price to the buyer without undue delay, in cashless form to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition, that if the buyer withdraws from the purchase contract, the gift agreement regarding such gift becomes ineffective and the buyer is obliged to return the gift provided together with the goods to the seller.
5.8. The pharmacy providing the parcel service according to Sec. 85 para. 2 letter e) of the Act on Drugs ensures the possibility of returning claimed medicines in a way that does not incur costs for the buyer.
SHIPMENT AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged to deliver goods to a place designated by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
6.3. In the event that, for reasons on the buyer's part, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
6.4. Upon receipt 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 report them immediately to the carrier. In case of finding packaging damaged indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.
6.6. The pharmacy dispatches orders usually within two working days. In exceptional cases, the order is dispatched within 3 working days.
6.7. Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations (especially by the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller is liable to the buyer that the goods at the time of receipt have no defects. In particular, the seller is liable to the buyer that at the time the buyer received the goods:
7.2.1. the goods have the properties that the parties agreed upon, and if there is no agreement, the goods have such properties that the seller or manufacturer described or that the buyer expected regarding the nature of the goods and based on the advertising conducted by them,
7.2.2. the goods are suitable for the purpose that the seller states for its use or for which the goods of this kind are usually used,
7.2.3. the goods correspond in quality or execution to the agreed sample or template, if the quality or execution was determined according to an agreed sample or template,
7.2.4. the goods are of appropriate quantity, measure, or weight, and
7.2.5. the goods meet the requirements of legal regulations.
7.3. Rights from defective performance are made by the buyer with the seller at the address of their premises, where the acceptance of claims is possible with regard to the assortment of the goods sold, or also at the registered office or place of business.
7.4. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in accordance with the provisions of § 1826 para. 1 letter e) of the Civil Code.
8.3. For out-of-court resolution of consumer disputes from the purchase contract, the Czech Trade Inspection is competent, located at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, internet address: http://www.coi.cz.
8.4. The seller is authorized to sell goods on the basis of a trade license. The trade control is carried out within its scope by the relevant trade office. Supervision over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
PERSONAL DATA PROTECTION
9.1. The protection of personal data of the buyer, who is a natural person, is provided for by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The buyer agrees to the processing of their personal data: name and surname, home address, identification number, tax identification number, email address, and telephone number (hereinafter referred to collectively as “personal data”).
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing the rights and obligations from the purchase contract and for the purposes of maintaining the user account. If the buyer does not choose another option, they also agree to the processing of their personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full extent of this article is not a condition that would itself make it impossible to conclude the purchase contract.
9.4. The buyer acknowledges that they are obliged to provide their personal data (upon registration, in their user account, when ordering from the shop interface) correctly and truthfully, and that they are obliged to inform the seller without undue delay of any changes to their personal data.
9.5. The seller may entrust third parties with the processing of the buyer's personal data as processors. Except for persons delivering goods, the seller will not provide personal data to third parties without the prior consent of the buyer.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the provided personal data are accurate and that they have been informed that this is a voluntary provision of personal data.
9.8. If the buyer believes that the seller or processor (Article 9.5) processes their personal data in violation of the protection of the buyer's privacy and personal life or in violation of the law, especially if the personal data are inaccurate regarding the purpose of their processing, the buyer may:
9.8.1. request an explanation from the seller or processor,
9.8.2. demand that the seller or processor rectify the situation.
9.9. 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 require a reasonable fee for providing information under the previous sentence, which does not exceed the costs necessary to provide the information.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The buyer agrees to receive information related to goods, services, or the seller's business at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address.
10.2. The buyer agrees to the storage of so-called cookies on their computer. If making a purchase on the website is possible, and the seller's obligations under the purchase contract can be fulfilled without the need to store so-called cookies on the buyer's computer, the buyer can revoke consent according to the previous sentence at any time.
DELIVERY
11.1. The buyer may be delivered to the email address of the buyer.
FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning is closest to the invalid provision will take its place. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
12.3. The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible.
12.4. The annex to the terms and conditions is a sample form for withdrawal from the purchase contract.
12.5. Contact details of the seller: email address sales@centralapotheke.cz, phone +420 607 079 649
In Karlovy Vary on 1.9.2020
2. COMPLAINT PROCEDURE
Introductory provisions
This complaint procedure was prepared in accordance with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, and does not apply to purchase contracts concluded with entrepreneurs.
This complaint procedure is an integral part of the Terms and Conditions of the company for the sale of goods via the e-shop www.centraleclinique.cz
Buyer’s rights from defective performance
The company is responsible to the buyer for the fact that the goods at the time of receipt have no defects, in particular that:
– has the properties that the parties agreed upon, that the company or manufacturer of the goods described or expected by the buyer with regard to the nature of the goods and based on advertising;
– is suitable for the purpose that the company indicates for its use or for which the item of this kind is usually used;
– is in an appropriate quantity, measure, or weight;
– meets the requirements of legal regulations.
If a defect appears within 6 months from the receipt, it is assumed that the item was defective already at the time of receipt.
If the item has a defect, the buyer can also request the delivery of a new item without defects, if it is not unreasonable given the nature of the defect, but if the defect only concerns a part of the item, the buyer can request only the exchange of the part; if that is not possible, the buyer may withdraw from the contract. However, if it is unreasonable given the nature of the defect, especially if it can be remedied without undue delay, the buyer has the right to demand the removal of the defect free of charge.
The buyer has the right to deliver a new item or replace a part even in the case of a removable defect if they cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not claim the right to deliver a new item without defects, to exchange its part or to repair the item, they can demand an appropriate discount. The buyer has the right to an appropriate discount even in cases where the seller cannot deliver a new item without defects, exchange its part or repair the item, as well as in cases where the seller does not remedy within a reasonable time or where remedying would cause the consumer significant difficulties.
The buyer has the right to compensation for the costs effectively incurred when exercising rights from defective performance.
The right to defective performance does not belong to the buyer if the buyer knew before receipt that the item has a defect or if the buyer caused the defect themselves.
The buyer is also not entitled to assert rights from defective performance:
– regarding an item sold at a lower price for a defect for which the lower price was agreed;
– for wear and tear of the item caused by its usual use;
– for a used item for a defect corresponding to the degree of use or wear that the item had upon the buyer's receipt; or – if it arises from the nature of the item.
Place of claiming the complaint
The company will accept the complaint at the premises of Centrale Clinique Estetique, see contacts.
For the smoothest course, we recommend submitting the complaint at the premises where the complained item was purchased, where the buyer will fill out a complaint protocol and present the receipt for the purchased item to the relevant pharmacy employee.
If the goods were purchased through the e-shop www.centraleclinique.cz, it is recommended to send the goods by ordinary mail to the pharmacy address. Please note that cash on delivery is not accepted.
Conditions and form of claiming the complaint
The buyer is entitled to assert the right from defective performance for a defect that occurs in the purchased item within 24 months from the date of its receipt by the buyer.
If the duration within which the item can be used is indicated on the sold item, its packaging, in the attached instructions, or in the advertisement, the company is responsible to the buyer for the fact that the item will be suitable for usual use for this duration or that it will retain usual properties.
If the buyer discovers a defect in the goods, they must inform the seller without undue delay after discovering such defect. When asserting the complaint, the buyer will state their name and surname, contact details, a description of the defect of the goods, and what method of resolving the complaint the buyer requests. When sending the complained goods to the seller's address, we recommend the buyer to fill out and attach the complaint form available on the seller's website and which forms an annex to the general terms and conditions of the seller.
The buyer is obliged to prove that the complained goods were purchased from the seller, by presenting the tax document, its copy, or in another appropriate manner.
To claim the complaint, the buyer must hand over the complained goods to the seller.
The assertion of the complaint is recorded in writing in the complaint protocol.
The company will handle the complaint without undue delay, no later than 30 days from the day of asserting the complaint, unless a longer period is agreed with the customer.
The buyer will be informed of the resolution of the complaint through the contact details provided in the complaint protocol.
If the consumer is not satisfied with the handling of the complaint content-wise, i.e. in particular with the rejection of the complaint or with insufficient satisfaction of the claims from the complaint, they may turn to the Czech Trade Inspection (ČOI), located at Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz/, which is the body for out-of-court resolution of consumer disputes.
This complaint procedure comes into effect on 1.9.2020.
3. SAMPLE FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
