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Register nowBusiness companies Quantum cosmetics consciousness s.r.o.,
with registered office at Zenklova 24/54, Praha 8 - Libeň, 180 00,
identification number: 090 87 893,
registered on 14 April 2020 in the Commercial Register kept at the Municipal Court in Prague under file number C 330683,
for the sale of goods via the online shop located at www.LAVYcosmetics.com.
a. These terms and conditions (hereinafter referred to as"terms and conditions ") of Kvantová kozmetika vědomí s.r.o., ID No.: 090 87 893, VAT No.: 09087893, with registered office at Zenklova 24/54, Praha 8 - Libeň, 180 00 (hereinafter referred to as the "Seller") are regulated in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The Online Shop is operated by the Seller on the website located at LAVYcosmetics.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
b. The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person who is acting in the course of his business or profession when ordering goods.
c. Provisions different from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the sales contract shall prevail over the provisions of the terms and conditions.
d. The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
e. 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 effectiveness of the previous version of the Terms and Conditions.
a. Upon registration of the Buyer made on the Website, the Buyer may access its user interface. From its user interface, the Buyer may place orders for goods (hereinafter referred to as the "User Account"). If the Shop's web interface allows it, the Buyer may also order goods without registration directly from the Shop's web interface.
b. When registering on the website 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 is changed. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
c. Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
d. The Buyer is not entitled to allow third parties to use the user account.
e. The Seller may terminate the User Account, in particular if the Buyer does not use his User Account for more than one year or if the Buyer is in breach of his obligations under the Purchase Agreement (including the Terms and Conditions).
f. The Buyer acknowledges that the User Account may not be available continuously, in particular with respect to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
a. The ordered goods (the Buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the Shop),
b. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
c. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
d. All presentations of the Goods placed in the web interface of the Shop are for informational purposes only and the Seller is not obliged to conclude a contract of sale in respect of such Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
e. The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs of returning the goods if they cannot be returned by ordinary postal means due to their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
f. The price of the goods includes the cost of packaging the goods. The cost of delivery of the goods shall be calculated separately. The information on the costs of delivery of the goods indicated in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.
a. To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
I. Before sending the order to the Seller, the Buyer shall be allowed to check and change the data provided by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors resulting from the data provided in the order. The Buyer shall send the order to the Seller by clicking on the "ORDER" button. The Seller shall consider the data provided in the order to be correct. The Seller shall acknowledge receipt of the order to the Buyer immediately upon receipt by email to the Buyer's email address provided in the order (hereinafter referred to as the " Buyer's email address ").
II. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).
III. The contractual relationship between the Seller and the Buyer shall be established by delivery of the order acceptance (acceptance), which the Seller shall send to the Buyer by e-mail to the Buyer's e-mail address.
IV. The Buyer agrees to the use of means of remote communication in concluding the purchase contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, without distinction from the basic rate.
a. Payment in cash upon receipt of the goods at the place of delivery is not possible;
b. cash on delivery/delivery to the carrier's account at the location specified by the Buyer in the order;
c. wire transfer to the Seller's accounts held with FIO BANK a.s. (hereinafter referred toas "Seller's accounts"):
account in EUR: IBAN: CZ5620100000002501798443, BIC/SWIFT: FIOBCZPPXXX
d. Cashless payment via the GoPay payment system, GoPay, s.r.o., which allows cashless payments, e.g. by credit card or also via Apple Pay and Google Pay.
e. The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
I. Together with the purchase price, the Buyer shall pay the Seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs of delivery of the goods.
II. The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to Article 4.6 of the Terms and Conditions concerning the obligation to pay the purchase price of the goods in advance.
III. In the case of payment in cash or in the case of payment on delivery, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is due within 3 days of the conclusion of the purchase contract.
IV. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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 account.
V. The Seller shall be entitled, in particular in the absence of additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before dispatch of the goods to the Buyer. The provisions of § 2119 (1) of the Civil Code shall not apply.
VI. Any discounts on the price of the Goods granted by the Seller to the Buyer may not be combined.
VII. If it is customary in the commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer for the payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue a tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
VIII. Pursuant to the Sales Register Act, the Seller is obliged to issue a proof of purchase of goods to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
a. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a sales contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a sales contract for the delivery of goods in closed packaging that the Consumer has removed from the packaging and cannot be returned for, among other reasons, hygiene reasons.
b. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the contract of sale cannot be withdrawn from, the Buyer shall be in accordance with the provisions of Section 1829 para. 2. In the event that the subject matter of the sales contract is several types of goods or the delivery of several parts, this period shall begin to run from the date of acceptance of the last delivery of the goods. Withdrawal from the contract of sale must be sent to the Seller within the period referred to in the preceding sentence. The Buyer may only send the withdrawal from the Purchase Contract to the Seller's e-mail address: info@lavycosmetics.com.
c. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Buyer must return the Goods to the Seller within fourteen (14) days from the date of delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the cost of returning the Goods to the Seller.
d. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the monies received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract to the Buyer's bank account. At the same time, upon or promptly after withdrawal from the Contract, the Buyer shall email the Seller at info@lavycosmetics.com with its bank account details. The Seller is also entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another way, if the Buyer agrees to this and the Buyer does not incur additional costs. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the monies received to the Buyer before the Buyer returns the Goods to the Seller.
e. The Seller is entitled to unilaterally set off a claim for payment for damage to the Goods against the Buyer's claim for reimbursement of the purchase price.
f. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the moment of acceptance of the goods by the Buyer. In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.
g. If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract in relation to such gift shall be terminated and the Buyer shall be obliged to return the gift together with the goods to the Seller.
a. In the event that a method of transportation is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of transportation.
b. If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall take delivery of the Goods on delivery.
c. If, for reasons on the Buyer's part, it is necessary to redeliver the Goods by a second delivery or by a method other than that specified in the Order, the Buyer shall pay the costs of redelivery or the costs of the other method of delivery.
d. The Buyer shall, upon receipt of the goods from the carrier, check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier of this fact. In the event that damage to the packaging is found which indicates that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
e. The other rights and obligations of the parties in the carriage of the goods may be governed by the Seller's Special Conditions of Delivery, if issued by the Seller.
a. The goods have the characteristics agreed between the parties, have the characteristics described by the seller, and are fit for the purpose for which the seller states they are to be used or for which goods of that kind are customarily used;
b. the goods correspond in quality or workmanship to the thing agreed.
c. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legislation (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended).
a. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer for the fact that at the time of receipt of the goods by the Buyer:
I. The Buyer asserts the rights arising from the defective performance at the Seller at the address of the Seller's establishment where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.
II. Is the goods in the appropriate quantity, measure or weight.
a. The Buyer shall acquire title to the Goods by payment of the full purchase price of the Goods.
b. The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
c. Consumer complaints shall be handled by the Seller via the electronic address: info@lavycosmetics.com. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
d. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision over the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, inter alia, compliance with Act No 634/1992 Coll. on Consumer Protection, as amended.
e. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
a. The information protection obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 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 referred to as the "GDPR") regarding the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiation of the Purchase Contract, and for the purposes of the performance of the Seller's obligations under public law shall be fulfilled by the Seller by means of a separate document.
a. In accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll. on Certain Information Society Services and on Amendments and Additions to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer consents to the Seller sending business notices to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer pursuant to Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial notifications by means of a separate document.
b. The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase on the website can be made and the Seller's obligations under the Purchase Agreement fulfilled without the storage of cookies on the Buyer's computer, the Buyer may revoke the consent under the preceding sentence at any time.
a. Buyer may be served at Buyer's electronic address.
a. The relationship established by the Purchase Contract shall be governed by Czech law.
b. By choosing the law pursuant to Article 12.1 of the Terms and Conditions, the Consumer is not deprived of the protection afforded by the provisions of law which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
c. If any provision of the contract terms is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
d. The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
e. Seller's Contact Information:
I. E-mail address: info@lavycosmetics.com,
II. +420 777 05 46 46, available on working days from 10.00 to 18.00. The telephone number is unavailable on weekends and public holidays and public holidays.
Prague, 8.5.2020
