TERMS AND CONDITIONS
I. BASIC PROVISIONS
1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
- EPIDERMA s.r.o.
- IČ: 11879963
- DIČ: CZ11879963
- with its registered office: Jankovcova 1595/14, 170 00 Praha 7 - Holešovice
- contact details:
- e-mail: firstname.lastname@example.org
- telephone: 608 924 395
- www: www.epiderma.cz
(hereinafter referred to as the “Seller”)
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside their business activity as a consumer or in the course of their business activity (hereinafter referred to as: “Buyer”) via the web interface located on the website available at www.epiderma.cz (hereinafter referred to as the “Online Shop”).
3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
4. The Terms and Conditions and the Purchase Agreement are concluded in the Czech language.
II. INFORMATION ON GOODS AND PRICES
1. Information about the goods, including their individual prices and main characteristics, is listed for individual goods in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, all related charges, and the cost of returning the goods if they cannot be returned by normal postal means. The prices of goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase agreement on individually agreed terms.
2. All presentation of the goods in the catalogue of the online shop is for information purposes only, and the Seller is not obliged to conclude a purchase agreement in respect of these goods.
3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop. Information on the costs associated with the packaging and delivery of goods listed in the online shop applies only in cases where the goods are delivered within the Czech Republic.
4. Any discounts on the purchase price of goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.
III. ORDERS AND THE CONCLUSION OF PURCHASE AGREEMENTS
1. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of a Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
2. The Buyer orders goods in the following ways:
- via their customer account, if they have previously registered in the online shop,
- by filling in the order form without registration.
3. When placing an order, the Buyer selects the goods, the number of items, and the method of payment and delivery.
4. Before sending the order, the Buyer has the possibility to check and change the data they have entered in the order. The Buyer shall send the order to the Seller by clicking on the Submit Order button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of an agreement. The confirmation is accompanied by the Seller’s current terms and conditions. The Purchase Agreement is concluded only after the receipt of the order by the Seller. Notification of acceptance of the order is delivered to the Buyer’s email address.
6. In the event that any of the requirements stated in the order cannot be fulfilled by the Seller, an amended offer is sent to the Buyer’s email address. The amended offer shall be deemed to be a new proposal for the Purchase Agreement and the Purchase Agreement shall be concluded in such case by the Buyer’s confirmation of acceptance of this offer sent to the Seller at their email address specified in the Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or writing to the email address of the Seller set out in the Terms and Conditions.
8. In the event that there is an obvious technical error on the part of the Seller in quoting the price of the goods in the online shop, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at such obviously incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay, and shall send the Buyer an amended quotation to the Buyer’s email address. The amended offer shall be deemed to be a new proposal for a Purchase Agreement and the Purchase Agreement shall be concluded in such case by confirmation of receipt by the Buyer sent to the Seller’s email address.
IV. CUSTOMER ACCOUNT
1. Upon registration of the Buyer in the online shop, the Buyer can access their customer account. The Buyer can order goods from their 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 provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. Information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their 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 third parties to use the customer account.
5. The Seller may cancel the user account, in particular if the Buyer no longer uses their user account or if the Buyer breaches their obligations under the Purchase Agreement or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware equipment and software, or the necessary maintenance of the hardware equipment and software of third parties.
V. PAYMENT TERMS AND DELIVERY OF GOODS
1. The Buyer may pay the price of goods and any costs associated with the delivery of goods under the Purchase Agreement in the following ways:
- by wire transfer to the Seller’s bank account no. 2002054319/2010 held at Fio banka,
- by wire transfer to the Seller’s bank account no. 2802054333/2010 (EUR) held at Fio banka,
- cashless by credit card,
- by wire transfer to the Seller’s account via the Pays payment gateway,
- cash on delivery,
- in cash or by credit card upon personal collection at a delivery outlet of Zásilkovna.
2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the conclusion of the Purchase Agreement.
4. In the case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.[S16]
5. In the case of a non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.
7. According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online, in the case of a technical failure, within 48 hours at the latest.
8. The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order,
- via a dispatch office to the address of the dispatch office designated by the Buyer,
- by personal collection at the Seller’s premises.
9. The choice of delivery method is made during the ordering of goods.
10. The cost of the delivery of goods, depending on the method of dispatch and collection of goods, is specified in the Buyer’s order and in the Seller’s order confirmation. In the event that the method of delivery is agreed upon at the Buyer’s specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
11. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.
12. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer does not have to accept the shipment from the carrier.
13. The Seller shall issue a tax document/invoice to the Buyer. The tax document shall be sent to the Buyer’s email address.
14. The Buyer acquires ownership of the goods by paying their full purchase price, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage, or loss of goods passes to the Buyer at the moment of the receipt of goods, or at the moment when the Buyer was obliged to receive the goods but failed to do so in breach of the Purchase Agreement.
VI. WITHDRAWAL FROM THE AGREEMENT
1. A Buyer who has concluded a Purchase Agreement outside their business activity as a consumer has the right to withdraw from the Purchase Agreement.
2. The withdrawal period is 14 days
- from the date of the receipt of goods,
- from the date of the receipt of the last delivery of goods if the subject of the agreement 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 agreement is a regular recurring delivery of goods.
3. The Buyer may not, inter alia, withdraw from the Purchase Agreement:
- for the provision of services, if they have been performed with their prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the agreement that they have no right to withdraw from the agreement in such a case,
- for the supply of goods or services the price of which depends on financial market fluctuations independent of the Seller’s will and which may occur during the withdrawal period,
- for the delivery of alcoholic beverages which may be delivered after the expiry of the 30-day period and the price of which depends on financial market fluctuations independent of the Seller’s will,
- for the delivery of goods which have been adapted to the Buyer’s wishes or to their person,
- for the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
- for the delivery of goods in sealed packaging which have been removed from the packaging by the buyer and cannot be returned for hygiene reasons,
- for the delivery of an audio or visual recording, or a computer programme, if the original packaging has been damaged,
- for the delivery of newspapers, periodicals, or magazines,
- for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the agreement that it has no right to withdraw from the agreement in such a case,
- in the other cases referred to in Section 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the Buyer must send a declaration of withdrawal within the withdrawal period.
5. To withdraw from the Purchase Agreement, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal form to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
6. The Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the agreement. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
7. If the Buyer withdraws from the agreement, the Seller shall reimburse the Buyer immediately – or no later than 14 days after the withdrawal from the agreement – all the money, including delivery costs, received from the Buyer in the same manner. The Seller shall only return the money received to the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred.
8. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
9. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the money they have received to the Buyer before the Buyer has handed over the goods to the Seller or proved that they have sent the goods to the Seller.
10. The Buyer must return the goods to the Seller undamaged, unworn, and unsoiled and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off any claim for compensation for damage 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 Agreement due to stockouts, the unavailability of goods, or if the manufacturer, importer or supplier of goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all money, including delivery costs, received from the Buyer under the agreement within 14 days of the notification of withdrawal from the Purchase Agreement in the same manner, or in the manner specified by the Buyer.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1. The Seller shall be liable to the Buyer for the goods being free from defects on receipt. In particular, the Seller is liable to the Buyer that, at the time the Buyer took delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or the manufacturer, or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to an agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight, and that the goods comply with the requirements of the legislation.
2. The Seller has obligations for defective performance at least to the extent that the manufacturer’s obligations for defective performance persist. The Buyer is otherwise entitled to exercise the right of defect which occurs in consumer goods within twenty-four months of receipt.
3. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods, or in advertising in accordance with other legal provisions, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightly accused the Seller of a defect in the goods, the period for exercising rights under defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price in respect of a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, and, in the case of used goods, to a defect corresponding to the level of use or wear and tear that the goods had when received by the Buyer, or if this results from the nature of the goods. The Buyer is not entitled to the right of defective performance if they knew before receiving the goods that they were defective or if the Buyer themselves caused the defect.
5. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:
- replacement with new goods,
- repair of the goods,
- a reasonable discount on the purchase price,
- withdrawal from the agreement.
6. The Buyer has the right to withdraw from the agreement:
- if the goods have a material defect,
- if the goods cannot be used properly because of the recurrence of a defect or defects after repair,
- in the event of multiple defects in the goods.
7. A material breach of the agreement is one which the breaching party already knew or had to know at the time of concluding the agreement that the other party would not have concluded the agreement if they had foreseen this breach.
8. In the case of a defect that constitutes an non-material breach of the agreement (regardless of whether the defect is remediable or irremovable), the Buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
9. If the removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects), or the goods have a greater number of defects (usually at least three defects at the same time), the Buyer has the right to claim a discount on the purchase price, the replacement of goods, or withdrawal from the agreement.
10. When making a complaint, the Buyer is obliged to tell the Seller which right they have chosen. Changing their choice without the Seller’s consent is only possible if the Buyer has requested the repair of a defect that turns out to be irremediable. If the Buyer does not choose their right arising from a material breach of agreement in time, they shall have the same rights as in the case of a non-material breach of agreement.
11. If the repair or replacement of goods is not possible, the Buyer may demand a full refund of the purchase price upon withdrawal from the agreement.
12. If the Seller proves that the Buyer knew about the defect of the goods before acceptance or the Buyer caused it themselves, the Seller is not obliged to satisfy the Buyer's claim.
13. The Buyer cannot complain about discounted goods with respect to the reason for which the goods were discounted.
14. The Seller is obliged to accept the complaint at any establishment where the complaint can be accepted, possibly also at the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint, and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim.
15. The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in more complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of agreement and the Buyer shall have the right to withdraw from the Purchase Agreement. The moment of making a complaint is considered to be the moment when the expression of the Buyer’s will (exercising the right of defective performance) reaches the Seller.
16. The Seller shall inform the Buyer in writing of the outcome of the complaint.
17. The right of defective performance does not pertain to the Buyer if the Buyer knew before receiving the thing that the thing had a defect or if the Buyer themselves caused the defect.
18. In the case of a justified complaint, the Buyer is entitled to compensation for reasonable costs incurred in connection with the complaint. The Buyer may claim this right from the Seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
19. The Buyer has the choice of how to make a complaint.
20. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
21. Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Regulations.
1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer’s customer account or order.
IX. PERSONAL DATA
1. All information you provide when cooperating with us is confidential and will be treated as such. Unless you give us written permission, we will not use your information in any way other than for the purpose of performance under the agreement, except for your email address, to which business communications may be sent, as this is permitted by law, unless you refuse. These communications may only relate to similar or related goods and can be opted out of at any time by a simple means (sending a letter, email, or clicking on a link in a commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last agreement between the parties.
X. OUT-OF-COURT DISPUTE RESOLUTION
1. The Czech Trade Inspection Authority is competent with respect to the out-of-court settlement of consumer disputes arising from a purchase agreement. Its registered office is at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising under the Purchase Agreement.
2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out by the competent trade authority within its competence. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, among other things.
XI. FINAL PROVISIONS
1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
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.
3. All rights to the Seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from it being used contrary to its intended use. The Buyer shall not use any procedures in their use of the online shop that could have a negative impact on its operation and shall not perform any activity that could enable them or third parties to interfere with or make unauthorised use of the software or other components forming the online shop, or use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.
5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
6. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
8. A sample withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions shall take effect on 1 October 2021