Terms and Conditions
FOR THE SALE OF GOODS IN THE E-SHOP LOCATED AT THE WEBSITE www.homeandbeauty.com
of the company E-AGEO.cz, s. r. o.
with its registered office at Jasenná 1231/16, Horní Počernice, 193 00 Prague 9
Identification number: 03321916, Tax Id. No.: CZ03321916
registered with the municipal court in Prague under File No. C 229906
1. INTRODUCTORY PROVISIONS
1.1. In accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), these Terms and Conditions (hereinafter the “T&C”) of E-AGEO.cz, s.r.o., a company with its registered office at Jasenná 1231/16, Horní Počernice, 193 00 Prague 9, Czech Republic, Id. No.: 03321916, Tax Id. No.: CZ03321916, registered by the Municipal Court in Prague under File No. C 229906 (hereinafter the “Seller”), provide for the mutual rights and obligations established in relation to or under a purchase contract (hereinafter the “Purchase Contract”) entered into by the Seller and another natural person (hereinafter the “Buyer”) by means of the Seller’s e-shop. The Seller operates the e-shop on a website at www.ageo.cz (hereinafter the “Website”) via a website interface (hereinafter the “E-shop Interface”).
1.2. These T&C do not apply to cases where a person who intends to purchase the goods from the Seller is a legal entity or person acting within the framework of a business activity or profession when ordering the goods.
1.3. Provisions deviating from the T&C may be agreed in the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of the T&C.
1.4. The provisions of the T&C form an integral part of each Purchase Contract. The Purchase Contract and the T&C are drawn up in the Czech language. A Purchase Contract may be executed in the Czech language.
1.5. The Seller may change and/or supplement the wording of the T&C. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous versions of the T&C.
2. USER ACCOUNT
2.1. The Buyer must always provide accurate and true data when registering on the Website and ordering goods. The Buyer must update the data provided in the user account whenever the data change. The Seller relies on accuracy of the details specified by the Buyer in the user account and when ordering the goods.
2.2. Access to the user account is secured by a username and password. The Buyer is obliged not to disclose information necessary for accessing her/his user account.
2.3. The Buyer may not allow third parties to use the user account.
2.4. The Seller may delete the user account, especially if the Buyer has not used the account for over 12 months, or if the Buyer breaches any obligation under the Purchase Contract (including the Terms and Conditions).
2.5. The Buyer acknowledges that the user account need not be accessible at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of hardware and software of third parties.
2.6. If any credit points were assigned to the user account as part of a bonus programme, reward or marketing campaign, the Seller reserves the right to remove unused credit points at any time.
3. EXECUTION OF PURCHASE CONTRACT
3.1. Any presentation of goods shown in the e-shop interface is indicative only and the Seller is not obliged to enter into any Purchase Contract concerning the goods. Section 1732 (2) of the Civil Code shall not apply.
3.2. The E-shop Interface contains information on the goods, including the prices of the individual items. The prices of goods are inclusive of value added tax and all related fees, with the exception of a delivery charge. The prices of goods remain valid as long as they are displayed in the E-shop Interface. This provision shall in no way limit the Seller’s option to enter into a Purchase Contract under terms and conditions agreed individually.
3.3. The E-shop Interface also contain information on the costs related to the packaging and delivery of goods. Information on the costs related to packaging and delivery of goods provided in the E-shop Interface applies only if the goods are delivered within the Czech Republic.
3.4 Specification and composition of a product may change without prior notice. All pictures are only illustrative; the producer may change the look of the packaging or the product without prior notice. The standard price specified for the product is the price recommended by the producer or the supplier.
3.5. To place a purchase order, the Buyer shall fill in the order form in the E-shop interface. The order form includes, in particular, information on:
3.5.1. the goods ordered (the Buyer shall “place” the ordered goods in the electronic shopping basket in the E-shop interface);
3.5.2. the manner of payment of the purchase price of the goods and information on the requested manner of delivery of the goods being ordered, and
3.5.3. information on the costs related to delivery of goods (hereinafter collectively as the “Purchase Order”.
3.6. Before the Purchase Order is sent to the Seller, the Buyer can check and modify the details that she/he specified in the Purchase Order so as to find and correct any mistakes made when filling in the order. Once the Buyer sends the Purchase Order, The Seller shall deem the details provided therein to be accurate. The Seller shall confirm the receipt of the Purchase Order without delay after receiving it, by sending an e-mail to the Buyer’s e-mail address indicated on the Buyer’s account or in the Purchase Order (hereinafter the “Buyer’s e-mail address”).
3.7. At all times, depending on the nature of the Purchase Order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller may request that the Buyer subsequently confirms the Purchase Order (e.g. in writing or by telephone).
3.8. The contractual relationship between the Seller and the Buyer arises upon delivery of acknowledgement of receipt of the Purchase Order (acceptance), sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.9. The Buyer agrees with the use of means of distance communication in execution of a Purchase Contract. Any costs incurred by the Buyer in the use of means of distance communication in relation to execution of the Purchase Contract (costs of internet connection, telephone charges) shall be borne by the Buyer him/herself; these costs do not differ from the basic rate.
3.10. Acceptance of an offer with an amendment or deviation shall not be deemed to be an acceptance of the offer.
3.11. By confirmation of the Purchase Order, the Buyer represents that he/she is at least 18 years old and enjoys full legal capacity.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of goods and, where applicable, any costs related to the shipment of goods under the Purchase Contract as follows:
- cash-on-delivery at the place as indicated by the Buyer in the Purchase Order.
- by cashless transfer to the Seller’s account;
- by cashless payment via the PayU payment system;
- by payment card.
4.2. Together with the purchase price, the Buyer must also pay to the Seller the agreed amount of costs related to the packaging and delivery of goods. Unless expressly stated otherwise, the term “purchase price” also includes hereinafter the costs related to the delivery of goods.
4.3. The Seller does not require an advance or any similar payment from the Buyer. This shall in no way prejudice Art. 4.6 of the T&C regarding the obligation to pay the purchase price of the goods in advance.
4.4. Where the payment is made in cash or cash-on-delivery, the purchase price shall be payable upon takeover of the goods. In the case of cashless payment, the purchase price is payable within 5 business days of conclusion of the Purchase Contract.
4.5. With a cashless payment, the Buyer is obliged to pay the purchase price for the goods indicating the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is deemed performed as soon as the Seller’s account is credited with the relevant amount.
4.6. The Seller may, especially if the Purchase Order is not sufficiently confirmed by the Buyer (Art. 3.7), require that the entire purchase price be paid before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7. Discounts, if any, on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. The Seller is a VAT payer. The Seller shall issue the tax receipt – the invoice and other documents relating to the goods, warranty certificates, confirmations and other certificates to the Buyer after the full price of the goods is paid and sends them to the Buyer in electronic form to the Buyer’s e-mail address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to Section 1837 of the Civil Code, withdrawal from the Purchase Contract is not possible if the relevant goods were customised based on the Buyer’s wish or for the Buyer, if the goods are subject to rapid decay, if the goods have been irreversibly mixed with other goods after their supply, if the goods were supplied in an enclosed container and the consumer has removed the goods from the container and they cannot be returned to the container for reasons of hygiene, and if the goods supplied consisted in a sound or video recording or a computer programme, if the consumer has breached the original packaging.
5.2. With the exception of the case specified in Art. 5.1 or other cases where it is impossible to withdraw from the Purchase Contract, the Buyer may withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days of the takeover of goods; if the Purchase Contract provides for the purchase of several types of goods or the delivery of several parts, the said period shall run from the date of takeover of the last delivery of goods. The notice of withdrawal from the Purchase Contract must be sent to the Seller within the deadline specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the template form provided by the Seller, which is annexed to these T&C. The Buyer may send the notice of withdrawal from the Purchase Contract to, among others, the address of the Sellers establishment, or to the Seller’s e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the Purchase Contract pursuant to Art. 5.2 hereof, the Purchase Contract is deemed terminated from the outset (ex tunc). The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs related to returning the goods to the Seller, even where the goods cannot be returned by regular mail due to the nature of the goods.
5.4. In the case of withdrawal from the Purchase Contract pursuant to Art. 5.2 hereof, the Seller shall refund the financial means received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract by the Buyer; the Seller shall do so by the same means by which the Seller received the funds from the Buyer. The Seller may also refund any performance provided by the Buyer when the goods are returned by the Buyer or otherwise if the Buyer agrees and incurs no additional costs in this way. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to refund the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent back.
5.5. The Seller may unilaterally set off the entitlement to compensation of the damage caused to the goods against the Buyer’s entitlement to a refund of the purchase price.
5.6. The Seller may withdraw from the Purchase Contract at any time before the goods are taken over by the Buyer. In such a case the Seller shall refund the purchase price to the Buyer without undue delay by the same means by which the funds were accepted, unless the Seller and the Buyer agree otherwise.
5.7. Where a gift is provided to the Buyer along with the goods, the donation agreement between the Seller and the Buyer is concluded subject to a condition subsequent consisting in the fact that if the Buyer withdraws from the Purchase Contract, the donation agreement concerning the gift expires and the Buyer must return the provided gift to the Seller along with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. Where the manner of transport is agreed based on a special requirement by the Buyer, the latter shall bear the risk and any additional costs related to such manner of transport.
6.2. If, under the Purchase Contract, the Seller is obliged to deliver the goods to the place indicated by the Buyer in the Purchase Order, the Buyer is obliged to take over the goods upon delivery.
6.3. If the goods have to be delivered repeatedly or in a manner other than set out in the Purchase Order for reasons attributable to the Buyer, the Buyer is obliged to pay the costs related to the repeated delivery of the goods or the costs related to the different manner of delivery, as appropriate.
6.4. Upon takeover of the goods, the Buyer must check that the packaging of the goods is intact and notify the carrier of any shortcomings without delay. The Buyer is not obliged to take the shipment over from the carrier if any damage to the packaging is ascertained and such damage indicates that the shipment has been tampered with.
6.5. Further rights and obligations of the parties in the transport of goods may be stipulated by the Seller’s special delivery terms if the Seller has issued.
6.6. All the means of transport on offer and their current conditions and prices are available here. The price list applies to packages up to 30 kg; the operator reserves the right to add the cost of transportation of packages over 30 kg to the price of the Purchase Order in accordance with the current price list of the carrier.
6.7. In the case of a takeover in person, the Seller will hand over the goods to the Buyer or a person specified in the mailing address and may, for security purposes, request to see the Buyer’s identity card.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Parties in respect of any defective performance shall be governed by the applicable generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller warrants to the Buyer that the goods are free of defects upon takeover. The Seller warrants, in particular, that at the time of takeover of the goods by the Buyer:
7.2.1. the goods have the properties agreed by the Parties; in the absence of such an agreement, the goods have such properties which the Seller or producer described or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer;
7.2.2. the goods are suitable to be used for the purpose stated by the Seller or for which the goods of such kind are usually used;
7.2.3. the goods’ quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;
7.2.4. the goods have the corresponding quantity, measurement or weight; and
7.2.5. the goods meet the requirements stipulated by the legal regulations.
7.3. The provisions of Art. 7.2 hereof do not apply to any defects of goods sold at a reduced price agreed due to the defect; to any wear and tear of goods caused by normal use thereof; to any defects of used goods where the defect corresponds to the degree of use and wear and tear and the goods had the defect upon their takeover by the Buyer or where it follows from the nature of the goods.
7.4. If the defect becomes apparent within six months of takeover, the goods shall be presumed to have already been defective upon takeover. The Buyer is entitled to exercise the right arising from a defect which occurs in consumer goods within twenty-four months from the takeover.
7.5. The Buyer shall exercise rights arising from defective performance at the address of the Seller’s establishment where defects can be claimed given the assortment of the goods sold, or at the Buyer’s registered office or place of business. A defect shall be deemed claimed as soon as the relevant goods are received by the Seller from the Buyer.
7.6. If so requested by the Buyer, the Seller shall confirm to him in writing the extent and the duration of its obligations in the case of a defective performance and how the rights arising therefrom may be executed.
8. FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires the ownership title to the goods upon payment of the full purchase price of goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1)(e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Id. No.: 00020869, www.coi.cz, shall have jurisdiction over out-of-court settlement of consumer disputes under the Purchase Contract.
8.4. The Seller is authorised to sell goods on the basis of a trade licence. The operation of trade is controlled by the competent trade authority within its jurisdiction. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. To the relevant extent, the Czech Trade Inspection Authority performs, inter alia, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The Buyer hereby assumes the risk of a change in circumstances in terms of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The personal data controller in this instance is the company E-AGEO.cz, s.r.o., with its registered office at Jasenná 1231/16, Horní Počernice, 193 00 Prague 9, Id. No.: 03321916, registered by the Municipal Court in Prague under file No. C 229906 (hereinafter the “Controller”).
9.2. Contact details of the Controller are as follows:
- mailing address: ageo.cz, Politických vězňů 8, 110 00 Prague 1
- e-mail address: email@example.com
- telephone: +420 607 058 258
9.3 The legal grounds for the processing of the personal data is the consent granted to the Controller within the meaning of Art. 6 (1)(a) of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “Regulation”).
9.4. The purpose of the processing of personal data is the performance of a contract concluded between the Buyer and the Controller or the adoption of measures by the Controller prior to the conclusion of such contract. Furthermore, the purpose of the processing of personal data is the delivery of commercial communication to the Buyer, and the performance of other marketing activities by the Controller. The Controller does not use automated individual decision-making within the meaning of Article 22 of the Regulation.
9.5. Personal data shall be processed for the duration of the effects of the rights and obligations following from the contract, and then for the period necessary for the purpose of archiving required by generally binding legal regulation, however, not longer than for the period stipulated by generally binding legal regulation. In the case of processing of personal data for the purpose of commercial communication and performance of other marketing activities, the personal data shall be stored by the Controller for 10 years, however, not longer than until the revocation of the consent to personal data processing.
9.6. Other recipients of the personal data for the purpose of performance of a contract include transport companies and other parties participating on the delivery of goods or payment procedures under the Purchase Contract:
- IN TIME SPEDICE, spol. s r.o., Pobřežní 18/16,186 00 Prague 8, Id. No.: 25722174, web
- Direct Parcel Distribution CZ s. r. o., Modletice 135, 251 01 Říčany u Prahy, Id. No.: 61329266, web
- Česká pošta, s.p. (Czech Post), Politických vězňů 909/4, 225 99 Prague 1, 47114983, web
Personal data will be transferred only to the transport company selected for the delivery of the specific order and to a payment provider according to the selected method of payment for the specific order, only in the scope necessary for the delivery of the order and the performance of the payment.
9.7. Other recipients of the personal data include entities providing marketing services to the Controller:
- MailChimp, The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA, web
- SMSbrána s.r.o., Hybešova 42, 602 00 Brno, Id. No.: 06719350, web
- Heureka Shopping s.r.o., Karolinská 650/1,186 00 Prague 8 – Karlín, Id. No.: 02387727, web
9.8. Under the terms and conditions stipulated in the Regulation, the Buyer has the right to request from the Controller access to the Buyer’s personal data, the right to rectification or erasure of the personal data or restriction of their processing, right to object to personal data processing, as well as the right to data portability (performance of a contract).
9.9. The Buyer may revoke consent to personal data processing for the purpose of sending of commercial communication and performance of other marketing activities at any time. However, this shall in no way prejudice the lawfulness of the processing of the personal data performed prior to the withdrawal of the consent.
9.10. The Buyer is not obliged to provide personal data. Provision of personal data is a necessary requirement for the conclusion and performance of a contract; without provision of personal data the contract cannot be concluded or performed by the Controller.
9.11. Providing personal data for the purpose of advertisement is not a legal or contractual requirement, nor is it a necessary requirement for the conclusion of a contract. The Buyer may object to personal data processing for the purpose of direct marketing at any time, including profiling if the profiling relates to direct marketing. If the Buyer objects to the personal data processing for the purpose of direct marketing, the personal data shall no longer be processed for this purpose.
10. USAGE OF COOKIES
10.1. The Buyer agrees to cookies being stored on the Buyer’s computer. Cookies are small data files necessary for the proper functioning of websites, which we sometimes place in your computer, just like most of the larger websites. For a certain period of time, the Website will thus remember the steps you have taken and your preferences (e.g. login details, language, font size and other display preferences), so that you need not enter the data again and go from one page to another.
11.1. Any notices and documents hereunder may be delivered to the Buyer’s e-mail address.
12. FINAL PROVISIONS
12.1. Where the relationship established by the Purchase Contract comprises an international (foreign) element, the parties hereby agree that their relationship shall be governed by the Czech laws. This shall in no way prejudice consumers’ rights under the generally binding legal regulations.
12.2. If any provision hereof is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that is as close as possible, in its meaning, to the invalid provision. Invalidity or ineffectiveness of any provision shall in no way prejudice the validity of other provisions.
12.3. The Seller will archive each Purchase Contract, including the T&C, in electronic form, and the Contract is not accessible.
12.4. Annexed to these T&C is the specimen form of withdrawal from a Purchase Contract.
12.5. Seller’s contact details: mailing address: ageo.cz, Politických vězňů 8, Prague 1, e-mail address: firstname.lastname@example.org, telephone: +420 607 058 258.
In Prague, on 24 May 2018