General Terms and Conditions (hereafter GTC) of Skinso, s.r.o.

Complaints Procedure Code – for contractual relationships with consumers

1. General Provisions

This Complaints Procedure Code regulates the rights and obligations between the Seller, Skinso s.r.o., with a registered office at Potěhníkova 105, Malenovice, 763 02 Zlín, ID: 29368537 registered in the Commercial Register maintained by the Regional Court in Brno, section C, file 76001, hereafter the “Seller”, as the party of the first part, and the Buyer as the party of the second part.

All legal relations between the Seller and the Buyer will be governed by the law of the Czech Republic. This Complaints Procedure Code specifies the rights and obligations for Buyers who act within relationships with the Seller as Consumer Buyers (hereafter “Consumer” or “Buyer”), where the Consumer Buyer is defined by Section 419 of the Act no. 89/2012 Coll., the Civil Code. Handling of Consumer complaints will be governed by this Complaint Procedure Code, the Act no. 89/2012 Coll., the Civil Code, and the Act no. 634/1992 Coll., on Consumer Protection, and the related legislation.

Each item of goods purchased from the Seller is accompanied by proof of purchase of the goods (product), usually a tax document in the form of an invoice, which will contain information on the date of sale of the goods, what the goods are and the price at which the goods were sold, together with the Seller’s identification data containing the Seller’s business name, their identification number, unless a special legal regulation provides otherwise, as well as the destination and date of delivery. This proof of purchase also serves as a delivery note. Goods of technical nature are usually accompanied by a warranty certificate. The warranty applies to goods that have been purchased from the Seller and for which a claim has been made within the warranty period.

 

2. Acquaintance with and Agreement to the Complaints Procedure Code

The Seller will make the Buyer acquainted with this Complaints Procedure Code in an appropriate manner and provide it to the Buyer in text form at the Buyer’s request. By accepting the goods, the Buyer confirms their acceptance of this Complaints Procedure Code.

 

3. Consumer Claims

The Seller is liable to the Buyer for

a) delivering the goods of the ordered type, quality and quantity 

b) delivering the goods undamaged; any damage to the packaging during transportation will be at the carrier’s liability and the Buyer will assert their claims directly with the carrier upon acceptance of the goods

c) the goods being free of defects upon receipt (liability for quality upon acceptance)

d) the goods being eligible for the usual purpose for a certain period of time (quality warranty)

 

4. Quality upon Receipt (Conflict with Purchase Agreement)

The Seller is liable to the Buyer that they deliver the goods in compliance with the Agreement and without defects, i.e. in accordance with Section 2161 of the Civil Code (also defined in more detail in Article 9.2 of the General Terms and Conditions of the Seller).

If the Consumer discovers any discrepancy between the ordered and actually delivered goods (in type, quantity, quality, color) upon receipt, they will be obliged to immediately notify the Seller of such discrepancy (we recommend within 48 hours).

The Buyer has the right to have the goods delivered without defects, i.e. to have the goods delivered in conformity with the concluded Purchase Agreement. If the goods are not delivered even within an extended reasonable time, the Buyer will be entitled to withdraw from the Agreement.

 

5. Delivery of Damaged Goods

The Seller will deliver the goods undamaged, i.e. at the time of packaging the goods are without damage, i.e. not cracked or deformed or otherwise damaged. If the goods are deformed or cracked or otherwise damaged, it will have occurred due to careless handling by the carrier, although the damage may not be visible on the shipment packaging. The carrier is insured against such damage. 

The Buyer will be obliged to inspect the shipment for any visible damage. The Buyer will be entitled to refuse to accept the goods from the carrier which are obviously damaged or in case the packaging is obviously damaged in a significant way, which gives rise to a reasonable belief that the goods inside are damaged too (this also applies to cases where the packaging shows that it has been exposed to adverse weather conditions or water). The reasons for refusal to accept the goods must be reported in a protocol written with the postal or courier service employee.

If the Buyer finds out that the goods are damaged (cracked, deformed or otherwise destroyed) or that the package is visibly damaged, they are obliged to claim this defect within 48 hours with the carrier according to the conditions specified by the carrier and to notify the Seller.

If the Buyer accepts the goods even though the packaging is damaged, the Seller will not liable for any defects in the goods resulting from the damage to the transport packaging.

The Buyer has the right to delivery of new goods without defects, unless this is unreasonable due to the nature of the item in question. If the defect relates only to a part of the goods, the Buyer may only request replacement of that part; if this is not possible, the Buyer may withdraw from the Agreement and request a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be rectified without undue delay, the Buyer has the right to have the defect rectified free of charge.

If the Buyer does not withdraw from the Agreement or does not exercise the right to have new goods delivered without defects, to have parts thereof replaced or repaired, they may claim a reasonable discount on the purchase price. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to rectify the defect within a reasonable time or if it would cause significant difficulties for the Consumer to rectify the defect.

If the defect manifests itself within six months of receipt, the goods will be deemed to have been defective upon receipt.

 

6. Liability for Quality upon Receipt

The Seller will be liable for the Goods being free from defects upon receipt. If the defect manifests itself within six months of receipt, the goods will be deemed to have been defective upon receipt.

 

 7. Quality Warranty

The Seller will be liable that the goods are fit for their usual purpose or retain their usual characteristics for a period of 24 months from the date of purchase.

The warranty period for consumable and perishable goods is indicated on the sold goods, on their packaging or in the instructions attached thereto. After this period, the quality warranty expires.

 

8. Procedure for Claiming Defects and Handling Complaints

The liability for quality upon receipt and quality warranty will be claimed by the Buyer at the Seller’s premises in person or the goods will be delivered to the address of such premises or the premises from which the goods were dispatched. In the complaint, the Buyer will state what defect occurred in the goods or how it manifests itself and what right arising from defective performance they have chosen. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller’s consent, except in situations where the chosen method of handling cannot be implemented at all or in time. In the event of a material breach of the Agreement, the Buyer may choose between the right to have a new item delivered, to have it repaired, to receive a reasonable discount or to withdraw from the Agreement. Regardless of the nature of the defect, the Buyer has the right to delivery of a new defect-free item, replacement of a part, a price reduction or withdrawal from the Agreement if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. The Buyer is not entitled to claim a defect that was already previously claimed, in case a reasonable discount on the purchase price was provided on the account of this defect.

In the matter of complaints, the Seller may be contacted on the phone number +420 778 064 613 or at the e-mail address: info@skinso.cz

When claiming a defect in the product, the Seller is entitled to require the Consumer to prove that the Buyer purchased the goods from the Seller, for example by presenting a proof of purchase of the goods or a warranty certificate, if issued with the goods, or in another way.

The Seller will not be liable for defects in case:

– there is a defect in the goods at the time of acceptance and a discount on the purchase price has been negotiated for such defect,

– of wear and tear on the goods caused by normal use, or in cases where the defect was caused by the Buyer through improper use, storage, maintenance, tampering with on the part of the Buyer or mechanical damage,

– they arise from the nature of the goods (normal life of the goods, etc.),

– of used goods concerning defects corresponding to the amount of wear and tear the goods had upon acceptance.

In accordance with Section 19 of the Consumer Protection Act, the Seller will decide on the complaint immediately (when the goods are returned to the Seller’s address, without undue delay after receipt of the goods together with the claim), in more complex cases within three business days. This time limit does not include the time necessary to assess the defect. The Seller will issue a written confirmation to the Buyer stating the date and place of the complaint, the characteristics of the claimed defect, the Buyer’s requested method of handling of the complaint and the manner in which the Buyer will be notified thereof. If the claim is not made in person and the goods are sent to the Seller, the Seller will send such confirmation to the Buyer electronically upon request.

The complaint, including the rectification of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The futile expiry of this time limit will be considered a material breach of the Agreement.

The Seller is obliged to confirm to the Buyer in writing the method of handling and duration of the complaint (the Seller will provide to the Buyer a complaint report), or notify the Buyer in writing of the reasons for rejecting the complaint.

 

9. Time Limit for Exercising the Rights Arising from Defective Performance

The Buyer is entitled to claim the right arising from the defect that occurs during the usable life of the goods, but no later than 24 months from the receipt of the goods. In the case of second-hand goods, this period may be shortened to up to 12 months; such shortening is indicated on the sales receipt. After this period expires, the right to claim defects with the Seller cannot be exercised, unless the Parties have agreed otherwise or the goods have been warranted beyond this period.

The Buyer will exercise their rights under the defective performance without undue delay after discovering that the goods are defective. The Seller will not be liable for any increase in the scope of the damage, should the Buyer use the goods even though they are aware of the defect. If the Buyer claims a defect with the Seller rightfully, the time limit for asserting rights arising from defective performance does not run for the period during which the goods are under repair and the Buyer cannot use them.

The Buyer acknowledges that in the event of a replacement of the goods in the context of settlement of a claim, no new time limit for exercising the rights arising from defective performance will run. The time limit will end 24 months after the purchase of the complained goods.

The time limit for exercising the rights arising from defects cannot be considered as a determination of service life of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use

 

10. Complaints Costs, Final Provisions

If a complaint is found to be justified, the Buyer will be entitled to reimbursement of costs reasonably incurred in exercising their rights.

If the Seller rejects the claim as unjustified, the Buyer, or both Parties after agreement with the Seller, may contact a forensic expert in the field and request an independent professional assessment of the defect.

This Complaints Procedure Code will enter into force on 11. 2. 2017.

General Terms and Conditions – for Contractual Relations with Consumers

I. General Provisions

1.1 These General Terms and Conditions of the company regulate mutual rights and obligations arising between the Seller and the Buyer in connection with or on the basis of a Purchase Agreement between the Seller and the Buyer, concluded through the online store. The online store is operated by the Seller at the website www.skinso.cz. The Seller is the company Skinso s.r.o., with its registered office at Potěhníkova 105, Malenovice, 763 02 Zlín, ID: 29368537 registered in the Commercial Register maintained by the Regional Court in Brno, section C, file 76001 (hereafter referred to as the “Seller”).

The Buyer is a natural person who, when concluding and performing the Agreement, does not act within the scope of their trade or other entrepreneurial activity, and purchases the products for purposes other than for business activities involving these products (hereafter referred to as “Buyer” or “Consumer”).

These General Terms and Conditions will also apply mutatis mutandis to cases where the Buyer is not a Consumer. However, the provisions applicable only to consumers will not apply in such a case.

1.2 The provisions of the General Terms and Conditions form an integral part of the Purchase Agreement.

1.3 All legal relations between the Seller and the Buyer or issues not covered by these General Terms and Conditions will be governed by the law of the Czech Republic, in particular the Civil Code (Act no. 89/2012 Coll.), as amended, and other relevant legislation, and will take precedence over any concluded international treaties, and in the event of a renvoi to an international treaty in the Czech legal order, this will not apply.

1.4 Pre-Contractual Communication

The Seller stipulates that

a) the cost of means of distance communication (internet connection, telephone charges) will not differ from the basic rates and will not be subject to any charge by the Seller,

b) they require payment of the purchase price before receipt of the goods,

c) they do not conclude agreements, the subject of which is recurring performance,

d) they do not conclude permanent agreements,

e) the Buyer is not entitled to withdraw from the Agreement if the goods are perishable or have a limited shelf life,

f) the Buyer is entitled to withdraw from the Agreement if they have purchased goods that are not perishable, within a period of fourteen days, which runs, in the case of a Purchase Agreement, from the date of receipt of the goods and, in case of an Agreement involving several types of goods or the delivery of several parts, from the date of receipt of the last delivery of the goods; the withdrawal must be sent to the address of the Seller’s registered office and may use the withdrawal form available at this link, the right of withdrawal is defined in this advice on rights,

g) the Consumer also cannot withdraw from an Agreement

 – on the delivery of goods or services, price of which depends on financial market fluctuations independent on the will of the Seller, which may occur during the withdrawal period,

– on the delivery of goods that have been modified to the Consumer’s wishes or personally for the Consumer;

– on the delivery of goods which have been irreversibly mixed with other goods after delivery;

– on the repair or maintenance carried out at a place designated by the Consumer at their request; however, this will not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;

– on the delivery of goods in sealed packaging which the Consumer has removed from the packaging and which cannot be returned for hygiene reasons;

h) in case of withdrawal from the Agreement, the Consumer will bear the costs of returning the goods and, in the case of an Agreement concluded by means of remote communication, the costs of returning the goods if they cannot be returned by normal postal means due to their nature;

i) the Consumer is obliged to pay a proportionate part of the price in the event of withdrawal from the Agreement, the subject of which is the provision of services, and the performance of which has already begun;

j) in case the Consumer has a complaint, they may file it directly with the Seller at the e-mail address info@skinso.cz, or they may address the complaint to the supervisory authority or the authority exercising state supervision.

 

II. Ordering Goods, Concluding Purchase Agreement

2.1 These General Terms and Conditions apply to cases where the Purchase Agreement is concluded via the online shop and, mutatis mutandis, also to cases where the Agreement is concluded directly at the Seller’s premises. In case the Agreement is concluded directly at the Seller’s premises, in particular the Consumer’s rights associated with concluding Agreements by means of remote communication will not apply.

2.2 The store website contains all information about the goods, including prices of individual products. Prices include VAT and all related charges. The prices of the goods remain valid for as long as they are displayed on the store website. This provision does not limit the Seller’s ability to conclude the Purchase Agreement on individually negotiated terms. The store website also contains information on the costs associated with packaging and delivery of the goods.

2.3 All product presentations on the store website are of an informative nature, Section 1732 (2) of the Civil Code does not apply. The Agreement between the Seller and the Buyer arises only upon receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail.

2.4 Before the order is sent, the Buyer is allowed to check and change the data entered in the order, also with regard to the possibility of the Buyer to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the “Order” button on the checkout page.

2.5 The Buyer is obliged to provide to the Seller in the order the necessary data required for the successful fulfilment of the order (i.e. specifying the method of delivery, delivery address, billing information, etc.). The information provided in the order is considered correct by the Seller. Depending on the nature of the order (quantity of goods, price, estimated shipping costs, etc.), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone).

2.6 If the Buyer comes to default with the payment of any obligation to the Seller and subsequently places an order with the Seller, the Seller will only be able to accept such order when all of the Buyer’s obligations to the Seller after the due date have been paid in full. The moment of full payment means the day the amount due is credited to the Seller’s bank account or the day the amount due is paid in cash.

2.7 By placing an order, the Buyer confirms that they have read these General Terms and Conditions, as well as the Complaints Procedure Code and agrees to them. The order is a Purchase Agreement proposal. The Purchase Agreement is concluded at the moment of confirmation of the order by the Seller in accordance with paragraph 2.3 of this Article. Order confirmation can be made in particular by e-mail. The Buyer will be bound by the General Terms and Conditions from the moment the Agreement is concluded.

2.8 The Buyer agrees with the use of remote means of communication in the conclusion of the Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Agreement (costs of internet connection, costs of telephone calls) will be borne by the Buyer and they will not differ from the regular rate.

 

III. Prices and Offer Validity

3.1 The price of the goods sold is determined by the Seller in the price list. The price at the conclusion of the Purchase Agreement between the Seller and the Buyer is the price stated in the price list at the time the Purchase Agreement is concluded.

3.2 Prices in the online store are displayed in the list of goods or on the card with details of the goods. The price per unit of measure is stated there for the Consumer as the retail price (including VAT).

3.3 All prices, including promotional prices, are valid until further notice or while the stock lasts. If the goods have already been ordered (or a Purchase Agreement has been concluded), the price at which the goods were ordered will apply regardless of any subsequent changes.

 

IV. Payment Terms

4.1 The Buyer is obliged to pay the purchase price for the goods in the manner provided for in the electronic order, in particular by cash payment, cash on delivery or wire transfer before receipt of the goods.

4.2 In the case of payment in cash upon personal collection or payment on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable before receipt of the goods. The purchase price is deemed to be paid at the moment it is credited to the Seller’s account. The Buyer will be obliged to pay the purchase price and indicate the variable symbol of the payment.

 

V. Retention of Title, Transfer of Risk of Damage to the Goods

5.1 Ownership of the delivered goods will pass from the Seller to the Buyer only upon full payment of the purchase price.

5.2 The risk of damage to the goods passes to the Buyer at the moment of receipt of the goods or takeover from the carrier. This is without prejudice to the Consumer’s right to claim a conflict with the Purchase Agreement under these General Terms and Conditions.

5.3 The risk of damage to the goods also passes to the Buyer at the time the goods should have been taken over by the Buyer, if the Buyer is in default with taking over the goods.

 

VI. Delivery of Goods, Lead Times

6.1 Upon receipt of an order via the online store, the Seller will send an automatic confirmation of this order to the Buyer’s email address. The ordered goods, if available, are dispatched within two business days of order confirmation.

6.2 The Seller does not guarantee immediate availability of all items of the goods. If the goods according to the Buyer’s order cannot be dispatched within the specified time, or if the goods are not in stock, the Seller will notify the Buyer thereof on or before the second business day after receipt of the order, together with a delivery date proposal or a proposal for a solution. The Buyer will then notify the Seller whether they agree with the new delivery date, the proposed solution or whether they wish to cancel the order. In the event that the new delivery date is not expressly accepted by the Buyer within 10 days of its notification by the Buyer, the Seller may withdraw from the Agreement, without any penalty for either Party.

6.3 If the Buyer requests a later delivery date than is provided by the Seller for the offered goods, the Consumer will be obliged to indicate this in the order. If the Buyer requires a later delivery date than that communicated by the Seller at the time of order confirmation, the Buyer will immediately notify the Seller thereof, no later than the next business day after receipt of the order confirmation or receipt of the delivery date set by the Seller. In case the Buyer fails to do so, the Buyer will be liable for damage incurred by the Seller associated with any failure to accept the goods or non-delivery of the goods on the specified or agreed delivery date. The delivery date requested by the Buyer is binding for both Parties as of the moment of confirmation of this date by the Seller.

6.4 The Seller will not be liable to the Buyer for damage caused by delays in the delivery of goods on the part of the carrier.

 

VII. Manner and Location of Delivery

7.1 The method of delivery of the goods depends on the choice of the Buyer, where the Buyer specifies the method of delivery of the goods in the order.

7.2 When collecting the goods in person, the Buyer will be notified by e-mail as soon as the ordered goods are ready for collection and also about the time when the goods can be collected. The collection point selected by the Buyer in the order is binding and cannot be changed.

7.3 If the Buyer chooses in the order to have the goods delivered by a carrier, the goods are delivered to the Buyer at the moment they are handed over to the carrier for transport. Goods delivered via a carrier are sent as a cash on delivery package or as an ordinary package (if paid in advance), or delivered by a sales representative of the Seller.

7.4 Goods are always delivered to the address specified by the Buyer in the order (place of delivery).

 

VIII. Transportation – Shipping Costs

8.1 In the case of delivery of goods by carrier, the goods will be sent via the carrier selected by the Buyer in the electronic order. At the time the goods are shipped, the Buyer is notified thereof by email, including the consignment number. The cost of shipping the goods is paid by the Buyer according to the prices quoted by the Seller.

8.2 The price of delivery is payable together with the payment of the purchase price of the goods, unless otherwise agreed.

8.3 The Buyer will be obliged to accept the ordered goods. In the event of refusal to accept the goods for reasons other than those provided for by law, the Seller will be entitled to claim compensation from the Buyer for damage caused to the Seller by such action.

8.4 In case the Buyer does not collect the ordered goods at the agreed collection point in person according to Article VII, paragraph 7.2 of these General Terms and Conditions within the agreed or additional deadline, the Seller may withdraw from the Agreement on the second day after the expiration of the additional deadline for taking over the goods. The Seller will be entitled to unilaterally set an additional deadline for taking over the goods after the agreed collection date expires.

8.5 The Buyer will be obliged to inspect the shipment of goods upon receipt. If the package is visibly damaged, the Buyer is obliged to claim this defect directly with the carrier. The Buyer is obliged to inspect the goods as soon as possible after receipt of the shipment, but no later than 48 hours after receipt, and to notify the Seller of any shortcomings no later than 48 hours after receipt of the goods.

8.6 The Seller will be liable to the Consumer for the fact that the goods are in conformity with the Purchase Agreement at the time of acceptance, in particular that they are free of defects within the meaning of Section 2161 et seq. of the Civil Code. In case of non-conformity of the delivered goods with the Purchase Agreement, the Buyer will have claims against the Seller within the meaning of Section 2165 et seq. of the Civil Code. These claims must be made by the Consumer in accordance with the Seller’s Complaints Procedure Code.

8.7 In case the Buyer does not properly accept the goods sent, they will be obliged to pay for the damage thus caused to the Seller.

 

IX. Defective Performance Rights

9.1 The rights and obligations of the Parties with regard to rights arising from defective performance are governed by the applicable legislation (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

9.2 The Seller will be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller will be liable to the Buyer that at the time of acceptance of the goods by the Buyer:

a) the goods have the characteristics agreed between the Parties and, in the absence of such agreement, have the characteristics described by the Seller or 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,

b) the goods are fit for the purpose stated by the Seller or the purpose, for which goods of that kind are usually used,

c) the goods correspond in quality or execution to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,

d) the goods are in the appropriate quantity, measure or weight; and 

e) the goods comply with the requirements of the applicable legislation. 

9.3 The provisions referred to in Article 10.2 of the General Terms and Conditions will not apply in case of goods sold at a lower price to a defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to defects corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.

9.4 If a defect becomes apparent within six months of receipt, the goods will be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right arising from defects that occur in consumer goods within twenty-four months of receipt. 

9.5 Other rights and obligations of the Parties related to the Seller’s liability for defects, as well as the method of claiming defects with the Seller, are regulated in detail in the Seller’s Complaints Procedure Code.

 

X. Withdrawal from Agreement

Withdrawal from Agreement by the Buyer

10.1 In accordance with the provisions of Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, and in case the subject of the Purchase Agreement 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 Agreement must be sent to the Seller within the above referred period. In order to withdraw from the Purchase Agreement, the Buyer can use the sample form provided by the Seller, which forms an annex to the General Terms and Conditions. The Buyer may send the notice of withdrawal from the Purchase Agreement inter alia to the Seller’s business premises.

10.2 The Buyer acknowledges that according to Section 1837 of the Civil Code, it is not possible to withdraw inter alia from a Purchase Agreement for the delivery of goods that have been modified according to the Buyer’s wishes or personally for the Buyer, from a Purchase Agreement for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Agreement for the delivery of goods in sealed packaging that the Consumer has removed from the packaging and that cannot be returned for hygienic reasons.

10.3 In case of withdrawal from the Purchase Agreement according to this article of the General Terms and Conditions, the Purchase Agreement will be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer will bear the costs associated with returning of the goods to the Seller in accordance with the provisions of Section 1820 (1) (g) of the Civil Code, even if the goods cannot be returned due to their nature by the usual postal route.

10.4 In case of withdrawal from the Agreement under this Article of the General Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Agreement in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer at the moment the goods are returned by the Buyer or in another way, if the Buyer agrees thereto and if the Buyer does not incur any additional costs thereby. If the Buyer withdraws from the Purchase Agreement, the Seller will not be obliged to return the received funds to the Buyer before the Buyer returns the goods to them or proves that they have shipped the goods to the Seller. If the goods are returned incomplete, damaged or visibly worn in the event of withdrawal from the Agreement by the Buyer, they will be stored by the Seller at the collection point at the Buyer’s expense. The Buyer will be informed of this procedure in writing, by e-mail or by phone, so that they may take the goods back or so that another procedure can be agreed on.

10.5 The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods and the claim for reimbursement of costs incurred by the Seller in connection with returning the goods against the Buyer’s claim for reimbursement of the purchase price.

10.6 If a gift is given to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement with respect to such gift will be rendered null and void and the Buyer will be obliged to return the gift together with the goods to the Seller.

 

Withdrawal from Agreement by the Seller

10.7 In addition to the cases of withdrawal from Agreement specifically set out in these General Terms and Conditions, the Seller will have the right to withdraw from the Agreement if, after confirming the order, the Seller becomes aware in a credible manner of the facts giving rise to a reasonable concern that the goods offered do not meet the legal conditions for free sale on the market or do not meet the conditions of safety, or the goods available to the Seller begin to exhibit defects and malfunctions not caused by the Seller, where the Seller will not be able to secure the delivery of goods of at least standard quality.

10.8 The Seller will also be entitled to withdraw from the Agreement as a result of repeated failure of the Buyer to cooperate with the delivery of the goods, without prejudice to the Seller’s right to compensation of damage thus caused.

10.9 The Seller will also be entitled to withdraw from the Agreement as a result of a force majeure event which makes it unreasonably difficult or even impossible for the Seller to perform the Agreement properly.

10.10 The Seller will be obliged to notify the Buyer immediately of their withdrawal from the Agreement.

 

XI. Cancellation of Order Made by Means of Remote Communication

11.1 The Buyer has the right to cancel the order without any penalty until the shipment is packed. The Buyer will be obliged to notify the Seller of the order cancellation either by e-mail or by telephone. If the customer cancels the order before packing or shipping, no cancellation fee will be charged. If the order has already been processed and the goods have been dispatched, the order cannot be cancelled and the Customer will be obliged to accept the delivery.

11.2 The Buyer will also be entitled to cancel an order for goods that have been specially ordered or modified for the Customer in the above referred manner. However, in such case the Seller will be entitled to charge a cancellation fee in the amount of 50% of the purchase price of the goods.

 

XII. Personal Data Protection

12.1 The protection of personal data of the Buyer, who is a natural person, is provided by the Act no. 101/2000 Coll., on Personal Data Protection, as amended.

12.2 The Buyer consents to personal data processing by the Seller or a third party authorized as a processor for the Seller, which applies namely the following personal data: name and surname, home address, identification number, tax identification number, e-mail address and telephone number (hereafter collectively “Personal Data”).

12.3 Personal Data will be processed for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of sending information and commercial communications to the Buyer. Personal Data will be processed for an indefinite period of time. Personal Data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.

12.4 The Buyer acknowledges that they are obliged to provide their Personal Data correctly and truthfully and that they are obliged to notify the Seller without undue delay of any change in their Personal Data. The Buyer confirms that the Personal Data provided is accurate and that they have been advised that this is a voluntary provision of Personal Data.

12.5 The Buyer agrees to the storage of cookies on their computer.

 

XIII. Other Rights and Obligations of the Parties

13.1 The prior written consent of the Seller is required for any use of photographs, names, product texts and other product data.

13.2 Complaints and comments will be handled by the Seller in accordance with applicable law, whereby the Buyer may file complaints and comments at any of the Seller’s stores, by calling +420 734 721 286 or by emailing info@skinso.cz.

13.3 The Czech Trade Inspection Authority, with a registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://www.coi.cz, is competent for out of court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement. 

13.4 The European Consumer Centre of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point under the 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).

13.5 The Seller is entitled to sell the goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the competent Trade Licensing Authority. Supervision in the area of Personal Data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with the Act no. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

13.6 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

13.7 The exact procedure for complaints and the procedure for their handling is provided by the Complaints Procedure Code, which forms an integral part of the Purchase Agreement concluded between the Seller and the Buyer. By placing an order, the Buyer confirms that they have read the Complaints Procedure Code and they agree with it.

 

XIV. Final Provisions

14.1 The applicable General Terms and Conditions are available on the Seller’s website and each Buyer is notified thereof when purchasing the goods and is obliged to make themselves acquainted therewith. The Seller is entitled to amend or change the terms and conditions in connection with changes in the applicable legislation and in connection with changes in the market of goods offered by the Seller. The ineffectiveness of individual provisions of the General Terms and Conditions will be without prejudice to the effectiveness of the remaining provisions thereof. The ineffective provision will be replaced by a valid provision, the meaning of which most closely approximates the invalid provision.

14.2 The Buyer’s order is archived after delivery to the Seller as a concluded Agreement for the purpose of its fulfilment and further record keeping.

14.3 In the case of delivery of documents between the Parties, the Seller’s registered office and the Buyer’s address specified in the order will be deemed to be the delivery address. Delivery between the Parties may also be made to the Buyer’s or Seller’s electronic address.

14.4 These General Terms and Conditions will come into full force and effect on 1.2.2017.