GENERAL TERMS AND CONDITIONS
1. These general terms and conditions (hereinafter "Terms and Conditions”) are issued:
Rumunská 1, 120 00 Prague
+420 777 040 374
2. These terms and conditions govern the mutual rights and obligations of the seller and the natural person who enters into a purchase agreement outside his business as a consumer or within his business (hereinafter: "buyer") through the web interface located on the website available at the Internet address www.nailzzes.com (hereinafter "e-shop“).
3. The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase agreement are concluded in the Czech language.
Information on goods and prices
1. Information about the goods, including the price of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if these goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
1. Information about the goods, including the price of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of the goods are listed including all related fees. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
3. Information on the costs associated with the packaging and delivery of goods is published in the online store.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
Ordering and concluding a purchase contract
1. The costs incurred by the buyer in the use of means of distance 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.
2. The buyer orders the goods in the following ways:
- through your customer account, if you have previously registered in the online store,
- by filling in the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the Pay button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. This confirmation is automatic and is not considered a contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded only after the order is accepted by the seller. Notification of order acceptance is delivered to the buyer's email address. / immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is considered as the conclusion of the contract. The current business conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
6. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or by electronic message to the seller's email, both of which are specified in these terms and conditions.
8. In the event that there was an obvious technical defect 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 at this clearly defective price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer about the defect without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
1. Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account 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 customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by 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.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
- cashless by payment card
- cash on delivery
- by transfer to a bank account
2. 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 contractual amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
4. 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. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- to the Zásilkovna transport service branch
6. The choice of delivery method is made during the ordering of goods.
7. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If 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.
8. 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. If, 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 method of delivery.
9. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter 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.
10. The seller will issue a tax document - invoice to the buyer. The tax receipt is sent to the buyer's email address.
11. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental loss, damage or destruction of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
Withdrawal from the contract
1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract even without giving a reason.
2. The deadline for withdrawing from the contract 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 receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer cannot, among other things, withdraw from the purchase contract:
- on the delivery of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period,
- on the delivery of goods that have been modified according to the wishes of the buyer, goods made to measure or goods intended specifically for one buyer,
- about the delivery of goods in closed packaging, which is not suitable to return for reasons of health protection or for hygienic reasons and whose protective packaging was broken after delivery,
- in other cases mentioned in § 7 par. 6 of Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises, as amended.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer can use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will confirm to the buyer the receipt of the form without delay.
6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
7. If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days after the withdrawal from the contract, all funds, including delivery costs, which he received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees to this and if it does not incur additional costs.
8. If the buyer chooses a different method of delivery of the goods than the cheapest method offered by the seller, the seller will refund the cost of the delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days of the notification of withdrawal from the purchase contract all funds, including delivery costs, which he received from him under the contract, in the same way, or in a way specified by the buyer.
Defective performance rights
1. 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:
- the goods have the properties that the parties agreed upon and, in the absence of an agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on the advertisement made by the seller,
- the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity or weight and the goods comply with the requirements of legal regulations.
2. If a defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise rights from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by its normal use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if it follows from the nature of the goods.
3. In the event of a defect, the buyer can submit a claim to the seller and demand:
if it is a defect that can be removed:
- free removal of a product defect,
- exchange of goods for new goods,
if it is a defect that cannot be removed:
- a reasonable discount from the purchase price,
- withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
- if the goods have a defect that cannot be removed and which prevents the item from being properly used as a defect-free item,
if he cannot use the goods properly due to the repeated occurrence of a defect or defects after repair,
5. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The consumer can also file a complaint with a person designated by the seller. If the consumer's complaint is handled by a person designated by the seller, the latter can only handle the complaint by handing over the repaired goods, otherwise the complaint will be forwarded to the seller for processing. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of handling the claim the buyer requires, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification . rejection of the complaint.
6. If the consumer files a complaint, the seller or an employee authorized by him or a designated person is obliged to inform the consumer of his rights resulting from defective performance. On the basis of the consumer's decision, which he exercises from the rights arising from defective performance, the Seller or an employee authorized by him or a designated person is obliged to determine the method of processing the complaint immediately, in complex cases no later than three working days from the day of application of the advertisements, in justified cases, in particular if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of application of the claim. After determining the method of handling the complaint, the complaint, including the removal of the defect, must be handled immediately, while in justified cases the complaint can be handled later. However, handling of the complaint, including the removal of the defect, may not take longer than 30 days from the date of application of the complaint. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract or has the right to exchange the goods for new goods. The moment of application of the claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.
7. The seller informs the buyer in writing about the result of the complaint, no later than 30 days from the day the complaint was made.
8. The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
9. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
10. The buyer has the choice of the method of complaint and its handling, if there are more options.
11. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 499 to 510, Sections 596 to 600 and Sections 619 to 627 of Act no. 40/1964 Coll. Civil Code, as amended, and Act No. 250/2007 Coll., on consumer protection, as amended.
12. Further rights and obligations of the parties related to the seller's responsibility for defects are governed by the seller's complaints procedure.
1. The Contracting Parties may send all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
Out-of-court dispute resolution
1. The consumer has the right to contact the seller with a request for redress if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his rights. The consumer has the right to submit a proposal to start an alternative (out-of-court) dispute resolution with an alternative dispute resolution entity, if the seller answered the request in accordance with the previous sentence in the negative or did not respond to it within 30 days from the day it was sent. This does not affect the consumer's ability to go to court.
2. If you are a consumer, according to the Consumer Protection Act, you have the right to an out-of-court settlement of a consumer dispute arising from the Contract. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr @ coi.cz, web: adr.coi.cz. The out-of-court settlement of a consumer dispute is initiated exclusively at your request, in the event that the dispute has not been resolved directly with Us. The proposal can be filed with Us no later than 1 year from the date on which you exercised your right in dispute.
3. You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
1. If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your legal rights.
2. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
These terms and conditions enter into force on 23.11.2021