GENERAL TERMS AND CONDITIONS

VALID AND EFFECTIVE FROM 01.01.2022

I. Introductory provisions

 II. Purchase contract, selection and ordering of goods, delivery of goods, user account.

2. User account.
   1. To order goods, the Buyer is obliged to create his User Account (“My Account”). If the online store allows it, the Buyer can also order Goods without registration.
   2. Access to the user account is secured by username and password. The Buyer must remember this information necessary to access his/her user account. The Buyer is not entitled to allow the use of the user account by third parties. When ordering from a user account, the Seller considers that the Buyer acts and acts from this user account.
   3. When opening the user account and ordering Goods, the Buyer is obliged to provide correct, true, complete (ie sufficient to properly fulfill the purchase contract) and current data. The data provided by the Buyer are considered by the Seller to be correct, true, complete and current for the proper performance of the purchase contract.
   4. The Buyer acknowledges that the user account may be temporarily unavailable, in case of necessary maintenance of the software and hardware equipment of the Seller, or related (with the online store) third parties.

1. 6.Payment Terms
2. 3.1. The stated price of all goods offered on the seller’s e-shop does not include prices for postage and packing. The price of the goods is valid for the period of its publication in the seller’s e-shop.
3. 3.2. Unless otherwise agreed, the buyer is obliged, together with the purchase price, to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4. 3.3. The buyer may pay the seller the purchase price and any costs associated with the delivery of goods under the purchase agreement in the following ways:

• in cash at the seller’s premises,
• in cash on delivery at the place specified by the buyer in the order, in this case the purchase price is payable upon receipt of the goods
• cashless transfer to the seller’s account, in this case the purchase price is payable within 3 days of concluding the purchase contract
• cashless through payment systems, in this case the purchase price is payable within 3 days of concluding the purchase contract
• cashless payment card, in this case the purchase price is payable within 3 days of concluding the purchase contract.

4. 3.4. In the case of non-cash payment via the e-shop, payment is made as follows. After completing the order, the button redirects you to the payment gateway. The buyer enters the order number as a Variable Symbol.
5. 3.5. In the case of 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. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol.
6. 3.6. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
7. 3.7. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address.
8. 3.8. In the case of payment of the price in cash, the seller is obliged to issue a receipt to the buyer in accordance with the Sales Registration Act. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
9. 3.9.Price for postage, incl. cash on delivery, mail order, PPL and postage abroad is according to the tariff of the operator of these services, unless otherwise agreed.
10. 3.10. The goods will be delivered / handed over to the buyer only after payment of the full purchase price, including delivery costs. 
11. Rights and obligations of the Contracting parties

1. 4.1 By concluding the purchase contract, the seller is obliged to hand over the ordered goods to the buyer and the buyer is obliged to pay the agreed price to the seller for these goods.
2. 4.2. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
3. 4.3. The buyer is obliged to take over the goods ordered and delivered in accordance with the purchase contract and these terms and conditions.
4. 4.4. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
5. 4.5. The seller reserves the right to change the price. When the price changes, the seller contacts the buyer. The buyer has the right to cancel the order at such adjusted prices.
6. 4.6 Notwithstanding the other provisions of the contract, the seller is not liable to the buyer for lost profits, loss of opportunities or any other indirect or consequential losses due to negligence, breach of contract or otherwise.
7. Complaints and rights from defective performance.

1. 5.1. The seller is obliged to provide the buyer with the goods in accordance with the concluded contract, these General Terms and Conditions and generally binding legal regulations.
2. 5.2. 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 characteristics agreed upon by the parties and / or the seller or the manufacturer has described; 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 in quality and / or design to the agreed sample or model; the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
3. 5.3.The provisions of the preceding paragraph shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had or if it is from the nature of the goods.
4. 5.4. The buyer is obliged to properly maintain the purchased goods. In case of incorrect maintenance procedure, the seller is not liable for any damages and changes in the condition of the goods and it is not possible to complain about these defects!
5. 5.5.The goods require careful handling, cleaning or maintenance of the goods. Improper maintenance is considered to be, for example, washing in the washing machine, separate cleaning of the goods in the bath or in another way, even in accordance with the instructions.
6. 5.6.Some goods of the e-shop are intended only for professional use by a specialist with the appropriate qualifications. The use of any goods by a person who does not have the appropriate qualifications in this field or has not been trained can be dangerous and will leave both consequences for health and material damage. In case of unprofessional use of the goods, the manufacturer and the e-shop are not liable for possible damages. Before using the goods purchased from the seller, it is necessary to make sure that the buyer (affected person, client) does not show signs of allergy to any of the products.
7. 5.7. It is possible to complain about a material defect or a defect caused by faulty production technology. A change in the properties of the goods that occurred during the warranty period as a result of wear and tear or incorrect use, or incorrect intervention. The warranty also does not cover damage due to handling that clearly leads to damage to the product or due to improper use.
8. 5.8. The seller is not liable for a defect or defect caused by the carrier or supplier. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
9. 5.9.The buyer should file a complaint without undue delay immediately after finding the defect, so that the complaint can be properly assessed and settled. 
10. 5.10. The warranty period runs from the receipt of the item by the buyer; if the goods have been dispatched under the contract, they run from the time the goods reach their destination. As a guarantee of quality, the seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. The warranty period is 24 months. Thus, the buyer is entitled to exercise the right from a defect that occurs in consumer goods at the time specified in the previous sentence. This period does not apply to the purchase of goods by a legal entity or ID number. 
11. 5.11. The warranty period provided for by law cannot be confused with the normal service life of the goods, ie the time for which the goods can withstand the goods due to their properties, given purpose and differences in the intensity of use.
12. 5.12. The buyer must file a complaint in writing (written form for the purposes of the contract concluded between the seller and the buyer also means the email form) and it is necessary to state the number of goods and describe the defects of the goods. 
13. 5.13. If the complaint is settled by exchanging the defective goods for new ones, the period for making a complaint runs again from the moment the new goods are taken over by the buyer.
14. 5.14.Returned goods must be in good condition, unused and undamaged, with the consignor clearly marked on the outside of the packaging. The goods must be sent together with the proof of purchase or a copy back to the seller’s address. All information about the buyer and the order (copies of documents) must be sent physically within the package. Postage is paid by the buyer. 
15. 5.15.Return of goods is possible only in the original condition and without signs of use. The buyer must ensure sufficient packaging of the goods to prevent damage during transport. Upon receipt and verification, the Seller will return the money to the Buyer’s bank account number specified in the purchase agreement. 
16. 5.16. Complaints to the buyer-consumer, including the elimination of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and buyer-consumer agree on a longer period. The deadline for settling the complaint begins on the day following the complaint in accordance with the provisions of Section 605 of the Civil Code. At the end of that period, the buyer-consumer is granted the same rights as if it were a material breach of contract.
17. 5.17. If the claimed goods are sent by cash on delivery, this shipment will not be accepted. The complaint should include proof of payment for the goods and a description of the defect. In the event of a justified complaint, the buyer has the right to reasonable compensation for this freight.
18. 5.18. No consumer rights can be exercised on gifts that are provided completely free of charge. Such goods meet the conditions of the Donation Agreement and all standards according to the valid legislation of the Czech Republic.
19. 5.19.After the complaint is settled, the seller informs the buyer either via SMS, e-mail or telephone. If the goods were sent by the transport service, they will be sent to the buyer’s address after processing.
20. 5.20. The Seller shall issue or send to the Buyer a written confirmation stating the date and method of handling the complaint, confirmation of the repair and the duration of the complaint, or justification for rejecting the complaint.
21. 5.21. In case of non-collection of the claimed goods from the warranty repair within 2 months from the expiration of the period when the warranty repair was settled, the buyer is obliged to pay the seller a storage fee of 50 CZK for each day of delay in collecting the goods.
22. 5.22. The goods can be exchanged for a different size, color or a completely different model, if the price of the changed goods will not be different, and only if the goods are unpacked, undamaged, in the original packaging and including all components. The exchange of goods is always solved individually by agreement between the Seller and the Buyer. The costs associated with the return of goods are borne by the Buyer.
23. 5.23. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. consumer, as amended.
24. Withdrawal from the contract

1. 6.1. In accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The provisions of this paragraph shall not apply in the case described in paragraph 6.2. these terms and conditions, in accordance with which it is not possible to withdraw from the purchase agreement.
2. 6.2. The buyer cannot withdraw from the contracts specified in § 1837 of Act no. 89/2012 Sb. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that were modified according to the buyer’s wishes or for him, from the purchase contract for the delivery of goods in sealed packaging, which the consumer removed from the package it cannot be returned, as well as goods that have been irretrievably mixed with other goods after delivery.
3. 6.3.If the buyer withdraws from the contract, he shall send or hand over to the seller without undue delay, no later than within 14 days from the date of notification to the seller of the withdrawal from the contract, the goods he has received from him. 
4. 6.4.If the buyer withdraws from the contract, the seller shall return to him without undue delay, within fourteen days of withdrawal from the contract, all funds received from him under the contract   (except for additional costs incurred as a result of the buyer’s chosen method of delivery, which is different than the cheapest standard delivery method offered by the seller). 
5. 6.5. 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.
6. 6.6. The costs associated with the return of goods to the seller are borne in full by the buyer.
7. 6.7. The buyer is liable to the seller for the reduction of the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties.
8. 6.8. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
9. 6.9. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract loses its effect and the buyer is obliged to sell the goods together with the goods. return the gift provided.
10. 6.10. The seller is entitled, until the goods are taken over by the buyer, to withdraw from the purchase contract in the event of circumstances preventing him from delivering the ordered goods to the buyer. In such a case, if the purchase price has already been paid by the buyer, then the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.
11. 6.11. To withdraw from the contract, the buyer fills in and sends a Notice of withdrawal from the contract to the email address. If he uses this option, the seller will immediately send an acknowledgment of receipt of this notice of withdrawal from the contract. In order to comply with the deadline for withdrawal from this contract, it is sufficient to send the withdrawal from the contract before the expiration of the relevant period.
12. Protection of personal data

1. 7.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended, Act. No. 110/2019 Coll. on the processing of personal data, and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of personal data and on the free movement of such data (General Data Protection Regulation; hereinafter ” GDPR ”)
2. 7.2. The buyer agrees to the processing of his personal data provided by the buyer, for the purposes of exercising the rights and obligations of the purchase agreement, for the purposes of information and accounting systems of the seller, archiving under the law, fulfillment of legal obligations by the administrator for user management. account. These are, in particular, the name and surname of the buyer / business name, address of his residence / registered office, delivery address, ID number, email address and telephone number, and other data provided during the buyer’s registration or placing an order (hereinafter referred to as Personal Data).
3. 7.3.The data subject is a natural person to whom the personal data relate, namely: contractual partner (natural person – entrepreneurial, non-entrepreneurial), buyer, future contracting party, entity in a pre-contractual relationship with the seller, as the controller (hereinafter referred to as the Personal Data Subject ).
4. 7.4. Unless the buyer chooses another option, he agrees to the processing of personal data also for use in the marketing events of the seller, ie to inform the buyer about discounts or new products and other business messages of the seller. The buyer generally agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer.
5. 7.5. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase agreement without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
6. 7.6. The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
7. 7.7.Personal data will be processed indefinitely. In accordance with the deadlines specified in the relevant contracts, in the controller’s internal regulations or in the relevant legal regulations, in all cases the processing of personal data is the time necessary to ensure the rights and obligations arising from both contracts, legitimate interests and relevant legislation. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner. The buyer gives consent and authorization to the above for an indefinite period from the date of sending the order.
8. 7.8. The buyer acknowledges that he gives his consent to the processing of personal data   voluntarily and has the right to revoke it at any time via e-mail. Withdrawal of consent does not affect the lawfulness of processing based on the consent that was given before its withdrawal.
9. 7.9.The Seller shall take appropriate technical and organizational measures to ensure the protection of the personal data processed so that unauthorized or accidental access to personal data, their change, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse of personal data.
10. 7.10. As a subject of personal data, the buyer has the right in accordance with the Personal Data Protection Act to access information on the processing of personal data for the above purposes in accordance with § 12 of the Personal Data Protection Act. In this case, the buyer will request it via e-mail, and the seller will provide information, especially what data it processes and for what purpose. 
11. 7.11.If the buyer believes that, in accordance with § 21 of the Personal Data Protection Act, personal data is processed that is in conflict with the protection of private and personal life or in violation of the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, it may request an explanation or request that the situation thus arise be removed. In particular, it may be a matter of blocking, correcting, supplementing or disposing of personal data.
12. 7.12.As a subject of personal data, the buyer has:

• the right of access to their personal data and to information on the processing of their personal data pursuant to Article 15 of the GDPR,
• the right to rectify or erase them pursuant to Articles 16 and 17 of the GDPR,
• the right to restrict processing under Article 18 of the GDPR,
• the right to data portability under Article 20 of the GDPR,
• the right to object under Article 21 of the GDPR,
• the right not to be the subject of any decision based solely on automated processing, including profiling, which has legal effects on the data subject or affects the buyer in a similar way, in accordance with Article 22 of the GDPR,
• the right to lodge a complaint with the Authority pursuant to Article 77 of the GDPR.

13. 7.13.However, if the request is manifestly unfounded or disproportionate, in particular because it is repeated without due cause, the processor may request a reasonable fee (taking into account the administrative costs associated with providing the required information or communication or performing the required actions); or The administrator may refuse to comply with the request.
14. 7.14. In order to exercise its rights, the personal data subject may contact the seller by e-mail. With a complaint and / or a complaint about a breach of legal obligations in the processing of personal data, the personal data subject may at any time contact the Office for Personal Data Protection, which is located at Lt. Col. Sochora 27, 170 00 Prague 7, Data box ID: qkbaa2n, e-mail: official: posta@uoou.cz, phone: landline: +420 234 665 111 (Exchange), fax: +420 234 665 444.
15. VIII. Final arrangements

1. 8.1. All relations not regulated by these terms and conditions are governed by the relevant provisions of the Civil Code of the Czech Republic, as well as other related legislation.
2. 8.2. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legislation.
3. 8.3. All agreements between the seller and the buyer contained in the purchase agreement take precedence over the provisions of these terms and conditions, with which they are in conflict.
4. 8.4. In the event that any provision of these terms and conditions is found to be illegal or invalid, this will not affect the validity, respectively. the effectiveness of the other provisions of these terms and conditions.
5. 8.5. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz , is responsible for out-of-court settlement of consumer disputes arising from the purchase contract .
6. 8.6. By concluding a purchase contract with the buyer, the Seller also negotiates the following arbitration clause: All disputes arising from contractual relations between the Contracting Parties will be finally decided by the Arbitration Court at the Czech Chamber of Commerce and the Czech Chamber of Agriculture according to its Rules and Regulations.
7. 8.7. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8. 8.8. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) Act No. 89/2012 Coll.
9. 8.9. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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.
10. 8.10. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
11. 8.11. The Buyer declares that before completing or announcing the order he has read these general terms and conditions and that he agrees with them.
12. 8.12. The seller and the buyer have agreed to fully recognize distance communication – an electronic form of communication, in particular via electronic mail and the Internet, as valid and binding for both parties.
13. 8.13. Seller’s contact details: e-mail address info@eyelashes.cz, phone +420 777 555 875

In Prague on 01.01.2022