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General Terms and Conditions

company Thomas Daniel s.r.o., IČ:27380319, with its registered office at Štěpánská 61, Praha 1

1. Preamble

The following General Business Terms and Conditions ("GTC") govern the purchases of goods made via the e-shop located on the website www.kosmetikomat.cz, which is operated by Thomas Daniel s.r.o., Co. Reg. No. 27380319, with its registered office at Stepanska 61, Praha 1, registered in the Commercial Register with the Municipal Court in Prague, section C, file 109680. The GTC regulate the relationship of parties to a purchase agreement conducted between Thomas Daniel s.r.o., Co. Reg. No. 27380319, with its registered office at Stepanska 61, Praha 1, registered in the Commercial Register with the Municipal Court in Prague, section C, file 109680 ("Seller") and the purchaser ("Buyer").

All contractual relationships are entered into in accordance with the legal code of the Czech Republic. By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the the Claims Code hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order. The Buyer is notified of these GTC sufficiently before the order is placed and has the opportunity to become acquainted with them.

2. Definition

2.1. Seller

The Seller is (company) Thomas Daniel s.r.o., Co. Reg. No. 27380319, with its registered office at Stepanska 61, Praha 1, registered in the Commercial Register with the Municipal Court in Prague, section C, file 109680.

2.2. Buyer

The Buyer is a Consumer or legal entity.

The consumer is a natural person who concluding and fulfilling the Purchase Agreement with the Seller, is not acting under his business or other business activity or under his/her independent profession. On the initiation of commercial relations, the Consumer shall only hand over to the Seller his/her contact information, which is necessary for the smooth execution of the order, or data that he wants to have on the purchase documents.

Legal relationship between the Seller and the Consumer, not explicitly mentioned in this GTC, is governed in Act No. 40/1964 Coll., the Civil Code and in Act No. 634/1992 Coll., the Consumer Protection Act, both as amended, as well as related regulations.
Entrepreneur is:

  • the person registered in a commercial register of the Chamber of Commerce (mainly legal entities),
  • the person who operates pursuant to the business license (person registered in a commercial register),
  • the person who operates pursuant to other than the business license according to specific provisions (ie. liberal professions such as advocacy),
  • the person who practised agricultural production and is register in a register according to specific provisions.

Legal relationship between the Seller and the Buyer, who is an Entrepreneur, not explicitly mentioned in this GTC, nor in the agreement between the Seller and the Buyer, is governed in Act No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations.

The agreement between the Seller and the Buyer take precedence over the GTC.

2.3 Consumer Agreement

The Agreement, Contract to make up work or other Agreements according to the Civil Code, if the contracting parties are the Consumer and the Supplier, respectively Seller.

3. Protecting of personal data

The personal data of Buyers (individual and/or legal entity) is stored in accordance with the valid legislation of the Czech Republic, namely Act No. 101/2000 Coll., on the protection of personal data, as amended. At the time that the persons named in the preceding paragraph enter into a Purchase Agreement (after click "add to cart"), they agree that their personal data may be collected and processed in the Seller’s database. Personal data is given on a voluntary basis, you have the right of access to date related to you and you are entitlet to protection rights to the extent set out in law. This consent may be revoked at anytime in writing. The personal data is fully protected against misuse. The personal data will be stored and not be provided to a third party.

The Operator of this eshop is an administrator and also a processor of personal data within the meaning of the aforementioned Act. These pages contain valid identification information of the eshop Operator and updated contact list for contacts with Buyers. The company Thomas Daniel s.r.o., registered in the Data Protection Authority under the reference No. 00075990, the date of registration 1.11.2017.

The Seller / Operator is entitled to use the provided personal data beyond the processing necessary for the conclusion and performance of the Agreement only under the conditions specified below.

By providing such personal data and by clicking on the confirmation icon, the Buyer voluntarily agrees that the data provided to the extent that it has completed in the specific case or obtained about it based on the concluded Purchase Agreement or when browsing the Operator's website is processed by the Operator and the Seller, whose information is given in the Preamble of these GTC, as an administrator for the purpose of offering services and products of the administrator, sending information about the administrator's activities, including by electronic means (especially e-mail, SMS, telemarketing) according to Act No. 480/2004 Coll. , until the withdrawal of this consent (eg. by sending any message to email: info@kosmetikomat.cz). The controller may authorize a third party to process the personal data referred to above as a processor.

The controller hereby informs the data subject and provides him/she with explicit instruction on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, eg. in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them , has the right to revoke the above consent at any time in writing at the address of the controller and in the case of violation of its rights to contact the Data Protection Authority and request appropriate remedy, such as abstention of such behavior by the controller, correction or completion, blocking, liquidation of personal data, payment of monetary compensation, as well as use of other rights arising from Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal data processed by the Operator or the Seller, he/she may request it at the email address info@kosmetikomat.cz or at the above-mentioned postal address of the Operator or the Seller.

4. The order and conclusion of an agreement

The Buyer is entitled to place the order to the Seller only through the ordering system of the eshop.
The proposal to conclude the Purchase Agreement is the placing of the goods offered by the Seller on the website, the Purchase Agreement arises by sending an order by the Buyer, by the Consumer and accepting the order by the Seller. The Seller shall confirm this acceptance to the Buyer without delay by means of an informative e-mail to the specified e-mail, but this confirmation does not affect the origin of the Agreement. The resulting Agreement (including the agreed price) may only be changed or canceled by agreement between the parties or on legal grounds.

These GTC are made in the Czech language, while the Purchase Agreement can be concluded only in the Czech language. A Consumer who is domiciled in a Member State of the European Union outside the territory of the Czech Republic; who is a citizen of a Member State of the European Union outside the territory of the Czech Republic, by confirming the order, he/she agrees to conclude a Purchase Agreement in the Czech language. After concluding the Purchase Agreement, it is not possible to ascertain whether errors occurred during data processing before placing an order or to correct such errors. The concluded Purchase Agreement is archived by the Seller and is available upon request to the Buyer within 2 years from the date of its signature.

5. Price and Payment

The offer and prices quoted on the Seller's e-shop are contractual, final, always up-to-date and valid for as long as they are offered to the Buyer in the online store. Shipping costs are listed under "Delivery period and delivery terms". The cost of using the means of distance communication shall be borne by the Buyer. The final calculated price after filling in the order form is already included including freight. As the price at the conclusion of the Contract between the Seller and the Buyer, the price stated for the goods at the time of ordering the goods by the Buyer shall apply. The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. In principle, the Buyer may take over the goods only after they have been paid in full, unless otherwise agreed.
In the event that the Buyer makes a payment and the Seller is subsequently unable to deliver the goods, the Seller shall promptly return the performance to the Buyer in an agreed manner. The time limit for reimbursement of the funds depends on the method of reimbursement chosen, but it must not exceed 30 days from the moment when this impossibility arose.

The goods remain the property of the seller until full payment.

The Seller accepts following payment methods:

  • Online payment gateway, payment by credit/debit card
  • Cash on delivery

6. Delivery period and delivery conditions

The Seller fulfills the delivery of the goods by handing over the goods to the Buyer, or by handing the goods over to the first carrier, thereby also transferring the risk of damage to the goods to the Buyer. Availability of the product is always given in the detail of this product. Delivery time is subject to product availability, payment and delivery terms and is up to 5 days. Normally, we ship the goods within 2 working days of payment of the full purchase price. The deadline for delivery is always stated in the email confirming the order. Installation of purchased goods is not included. The Buyer will receive a tax document / invoice together with the shipment.

The delivery period starts for the goods to be paid by the Buyer upon receipt, eg. cash on delivery, on the day of valid conclusion of the Purchase Agreement according to Article IV. of these GTC. In the event that the Buyer has chosen a different payment option than the payment of the goods upon receipt, the delivery period starts to run only from the full payment of the purchase price, ie from the crediting of the respective amount to the Seller's account. The Seller accepts the following delivery terms:

  • If the goods are exchanged within 14 days from the purchase of the goods, the Buyer is charged the postage costs, each time the goods are sent to the Buyer.
  • In the case of return of goods by the Buyer to the Seller within 14 days, the Buyer shall bear the postage costs. In case of ordering goods exceeding CZK 600, the Seller bears the shipping and payment costs.

7. Warranty and services

The warranty period for the sale of consumer goods is 24 months; in case of the sale of food products, the warranty period is eight days, for the sale of feed three weeks and for the sale of animals six weeks. If, in accordance with special legal regulations, the period of use of the item is marked on the sold item, its packaging or the instructions attached to it, the warranty period expires upon expiry of this period.
The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which the lower price was agreed. If the goods are used, the Seller is not liable for defects corresponding to the level of use or wear that the item had when the Buyer took over.

In accordance with the applicable laws of the Czech Republic, the Buyer, who is an Entrepreneur and purchases goods in connection with the business, does not provide a warranty on the goods beyond the general responsibility of the Seller for defects of the goods upon delivery. Buyers who are Entrepreneurs and buy goods in connection with their business activities are granted a warranty period of 12 months.
In order to apply the warranty repair, it is necessary to present the purchase document (receipt, invoice, leasing contract), or. warranty card. If the goods are shipped to the Seller, it is necessary to pack the goods for transport in such a way that it will not be damaged during transport.
The Seller does not provide after-warranty service to the Buyers.

8. Claims Code

In case the defect occurs during the warranty period, the Buyer shall have the following rights under the warranty, depending on the nature of the defect:
in case of a removable defect:

  1. the right to remove the defect for free and proper and timely removal of the defect
  2. the right to request the replacement of faulty goods or only this faulty component, unless the above is not reasonable with respect to the nature of the defect
  3. in case of the procedures provided for in points 1.) and 2.) can be given a reasonable discount on the purchase price or withdraw from the agreement
    in case the defect is irremovable:

     

    1. the right to replacement of faulty goods or withdraw from the agreement when the defect is removable, if the Buyer can not use goods after the repair (ie the goods have already been claimed three times for the same defect) or for a larger number of defects
    2. the right to replacement of faulty goods or withdraw from the agreement when the defect is not removable and unless the consumer requests the exchange of goods
    3. the right to reasonable discount on the purchase price or withdraw from the Agreement

The claim can be enforced in all Seller’s operating premises.
Claims do not apply to:

  • defects caused by incorrect usage, contrary to the instructions for use or other faults of the buyer provable unauthorized interference with the goods
  • defects caused by usual usage of consumer goods with a specified period of use according to special legal regulations, if a claim is made after the expiration period
  • defects caused by natural disasters

9. Termination of the Agreement

Due to the nature of the conclusion of the Purchase Agreement by means of distance communication, the Buyer who is a consumer has the right to withdraw from this Agreement without any penalty within 14 days from receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Sections 53 (7) and (8) of Act No. 40/164 Coll., The Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur and concludes a Purchase Agreement in connection with his business activities. In the event of the above withdrawal from the contract, the Seller shall send the purchase price to the Buyer's bank account, which the Buyer shall notify the Seller for this purpose.

Seller has the right to withdraw from the Agreement within a period of 30 days from the time when the Agreement had been concluded.

10. Final provisions

The Buyer shall enable the Seller to fulfill his/her obligations in accordance with the offer / agreement, for which the Seller shall develop all necessary cooperation.

The Buyer undertakes to pay all costs resulting from the Seller´s sending friendly reminders and costs resulting from the recovery of threatened claims.

The Buyer takes note that the Seller is entitled to assign claims from the agreement to the third person.

The Buyer shall inform without delay the Seller about a change of his/her identifier, but not later than 5 working days after the publication of this notice.

The Parties undertake to make their best efforts to resolve any disputes arising out of the agreemennt and/or GTC or in conjunction therewith.
The non-contractual obligation of the contrating parties is governed by the Law of the Czech Republic, in particular Law No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element herewith in accordance with Article III., Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 ('Rome I'), that they chose Czech law as the law applicable to the contract of sale and these GTC. excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI of Rome I concerning consumer contracts.

In the event that any provision of the agreement and / or the GTC is or becomes invalid or unenforceable, this shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the agreement and / or the GTC. In such cases, the Contracting Parties undertake to replace an invalid or unenforceable provision with a valid and enforceable provision which will, to the extent possible, have the same meaning and effect as permitted by law as the intention of the provision to be replaced.

For the purposes of contracting with an international element for any dispute (except for disputes in respect of and / or related to the exclusive jurisdiction of the arbitrator), that there is no competence of an arbitrator under this Article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the exclusive jurisdiction of the Municipal Court in Prague to adjudicate and / or in connection with any future disputes arising from the agreement and / or the GTC. The Contracting Parties hereby also establish for all disputes in connection with the agreement and the GTC (with the exception of disputes for which the arbitrator has exclusive jurisdiction and / or in connection therewith) the exclusive jurisdiction of the Municipal Court in Prague.

In the event that occurs between the Seller, or the Operator and the Consumer to create a consumer dispute arising from a purchase agreement that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to a designated out-of-court consumer dispute resolution entity, the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Praha 2, Email: adr@coi.cz, Website: adr.coi.cz. The Consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

The Operator is entitled to unilaterally change these GTC. The new wording of the GTC is not retroactive.

These GTC and parts hereto come into force and effect on 1 April 2019, and are available at Seller´s web pages. The Seller is entitled to change these GTC at any time. The GTC repealing all the previous versions and their parts from the date on which take effect.

In Beroun 1.4.2019

Billing address:

Thomas Daniel sro
Štěpánská 704/61 (Lucerna Palace)
110 00 Prague 1
Company ID: 27380319
WE ARE NOT VAT PAYERS
The company is registered at the Municipal Court in Prague, file number C 109680.

Address for sending and receiving:

Thomas Daniel sro
Pod Kaplankou 483/3
266 01 Beroun
+420 212 246 577
info@kosmetikomat.cz
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