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emporiolashes.cz » Terms & Conditions

Terms and Conditions

The following Terms and Conditions have been valid from November 1, 2014 for purchase in the www.emporiolashes.cz e-shop.

The following Terms and Conditions (General Business Terms and Conditions) specify the rights and duties between EMPORIO BEAUTY s.r.o., Co. Reg. No. 29462347, VAT Reg. No. CZ29462347, with its registered office at K Pešti 754/41, 789 83 Loštice, registered in the Commercial Register with the Municipal Court in Ostrava, File No. 55406 as the seller on the one part (EMPORIO BEAUTY) and the purchaser on the other part (purchaser).

All contractual relations are concluded in accord with the law system of the Czech Republic. Contractual relations, concerning consumers, which are not regulated by the Terms and Conditions, are regulated by Civil Code (No. 89/2012 Sb.) and Consumer Protection Law (No. 634/1992 Sb.). Contractual relations concerning entrepreneurs that are not regulated by the Terms and Conditions, are regulated by Civil Code (No. 89/2012 Sb.).

Annotation

Seller is business company EMPORIO BEAUTY s.r.o., Co. Reg. No. 29462347, VAT Reg. No. CZ29462347, with its registered office at K Pešti 754/41, 789 83 Loštice, registered in the Commercial Register with the Municipal Court in Ostrava. It is a legal person that either directly or by means of other entrepreneurs delivers goods or services.

Purchaser is a consumer or an entrepreneur.

Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with EMPORIO BEAUTY s.r.o.

Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. An entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question.

Purchase Contract

If a purchaser is a consumer, it is considered to be making an offer to post goods on the Internet e-shop page and a purchase contract is concluded by sending an order by consumer and confirmation of the order by the seller. This confirmation is usually made by sending an information email to the consumer, but it has no influence on concluding the contract if no information email is sent. A contract that was made is possible to change only if there is an agreement of both sides of contract or if there is a lawful reason.

Before sending an order the purchaser is enabled to check and change data that he filled in. An order is sent by clicking on the “send an order” button in the e-shop.

If a purchaser is an entrepreneur, it is considered to be submitting contract proposal by the entrepreneur if the entrepreneur sends an order and the contract is concluded definitely by delivering an agreement from the seller to the entrepreneur.

By placing the order, the purchaser confirms that he/her has become familiar with the General Business Terms as well as with the Claims Code, and explicitly agrees to the same in the wording valid and effective at the moment of placing the order.

The process of complaint settling is being stalled if the seller has not received all the necessities that are needed (documents, parts of goods etc.). Seller is obligated to ask a purchaser for the necessities as soon as possible. The process of complaint settling is being stalled until all necessities are available.

Seller is entitled to dismiss an order or its part before concluding a contract. It must be made on the base of agreement with purchaser in the following events: goods is not made or delivered anymore or the price has been changed considerably by the distributor. In the above mentioned event if the purchaser has already paid part or full price all the money will be transferred into the purchaser´s account or delivered to the purchaser´s address and the contract will not be concluded.

In terms of gifts that are provided for free in relation with goods, it is not possible to make complaint concerning the gifts as the gifts fulfill conditions of Gift Contract according to the Czech laws.

Cancelation and return policy

When it comes to flaws rights and duties of contractual parties follow Czech laws (especially § 1914 to 1925,
§ 2099 to 2117 and § 2161 to 2174 law No. 89/2012 Sb., Civil Code).

Seller is responsible to a purchaser that the subject of purchase has no flaws at the moment of receiving the delivery by purchaser. Seller is responsible to a purchaser that the subject of purchase at the moment of receiving the delivery,

  • has the same characteristics that has been arranged, or that producer or seller described.

  • is suitable for the purpose that has been announced or for the purpose for which it is usually used.

  • is the same quality like the sample, if it has been bought on the base of the sample.

  • is provided in the corresponding quantity, measurement or weight.

  • complies with the requirements stipulated by law.

If the subject of purchase do not meet above mentioned conditions purchaser is entitled to ask new goods, or its parts and if it is not possible the purchaser can withdraw from the contract with no consequences. In the event the withdrawal from the contract is not proportional to the flaw especially if it is possible to fix given problem with unnecessary delay the purchaser can ask for fixing the problem for free. Purchaser is entitled to ask a new goods or its parts even if flaws are fixable, but purchaser cannot use goods for many repeated flaws; in this case the purchaser can also withdraw from the contract.

If purchaser do not withdraw from the contract, do not ask to fix flaws or change the goods or its parts he/her can ask for discount. Purchaser can also get discount if the seller is not able to change or fix flawed goods in adequate time.

Purchaser cannot enforce above mentioned rights if purchaser had been familiar with the flaws before the purchase or if purchaser caused the flaw itself.

Purchasers can enforce their rights for 24 months after receiving the goods. If a flaw comes out in less than six months after receiving the goods it is considered to be flawed at the time of receiving.

Another rights and duties that relate to seller’s responsibility seller’s Claims Code can adjust.

The right of contract withdrawal

If contract was made via e-shop the purchaser is entitled to withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of,

  • receiving the goods (purchase agreements);

  • receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or

  • receiving the first delivery (ongoing contracts).

Consumers, who decided to withdraw from the agreement in the given period are recommended by Emporio Beauty s.r.o. to send the goods to Emporio Beauty’s address along with a cover letter incl. the reason for withdrawal (not necessary), number of purchase document and number of bank account so that the case can be settled without delay. It is also possible to receive the money back in cash at the seat of Emporio Beauty s.r.o.

Consumers can also use a format sheet for writing a contract withdrawal (not necessary). The format sheet is attached to this General Business Terms and Conditions. Consumers can send the contract withdrawal to the seat of Emporio Beauty s.r.o. or via e-mail to info@emporiolashes.cz.

Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement (except for expenses on delivery chosen by a consumer that are different from the cheapest expenses on delivery that seller offers) whereby this amount is refunded by Emporio Beauty without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement. If there is a bilateral agreement it is possible to use a different way of compensation. Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Emporio Beauty or after the consumers prove that the goods have been sent to Emporio Beauty.

Consumers acknowledge that if the goods are delivered along with any gifts, Emporio Beauty and the purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer takes advantage of her/his right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, Emporio Beauty is entitled to claim monetary compensation in the amount of ordinary price.

According to the provision of section 1837 of the Civil Code, the buyer may not withdraw from the contracts,

  • for the provision of services if such services began to be provided with the buyer’s consent prior to expiration of the period of 14 days from the receipt of performance,

  • for the delivery of goods or services, the price of which depends on financial market deviations independently from the Seller’s will,

  • for the delivery of goods customized at a request of the buyer or for the buyer,

  • for the delivery of goods subject to fast spoilage, wear and tear or obsolescence, or goods mixed with another goods

  • for the delivery of digital contents if the contents were not delivered on a tangible medium and were delivered with the buyer’s prior express consent prior to expiration of the period for withdrawal from the contract and the Seller informed the buyer prior to entering into the contract that in such case the buyer did not have a right to withdraw from the contract,

  • for the delivery of newspapers, periodicals and magazines,

  • for accommodation, transport, catering or leisure time activities if the seller provides such performance at a determined time,

  • for the delivery of goods wrapped in closed packaging, that consumer has opened and for sanitary reasons it is not possible to use it.

Additional information for the withdrawal from the contract within a period of 14 days are posted on the seller website https://www.emporiolashes.cz

The seller stipulates the right to cancel an order if goods is marked as “sold out” or “not available at the moment”, especially in the event that the price has been considerably changed, the goods in question is not possible to deliver or offset. If the goods or its part has been already paid then the whole sum of money will be returned.

Privacy

Personal data processing

Means of distance communication - costs

The purchaser agree to use distance communication for concluding the purchase contract. Costs incurred by the purchaser using distance communication in connection with concluding the purchase agreement (the cost of internet access, telephone costs etc.) are paid by the purchaser.

Final provisions

The seller ensures that complaints are settled via electronic address emporiobeauty@seznam.cz. The seller sends information about settling the complaints to a purchaser´s email address.

The seller is authorized to sell the goods based on its trade license. Trade inspections are performed by the relevant trade office within its authority. The Office for Personal Data Protection performs supervision concerning data protection within its authority. The Czech Trade Inspection Authority performs, to a certain extent, supervision over Act No 634/1992 on consumer protection.

At the day of concluding purchase contract General Business Terms and Conditions, which are posted on the Internet page of the seller, are valid. The Purchase Contract is archived in an electronic format by the seller and it is accessible to the purchaser. The purchase contract can be concluded in Czech language or in other languages on condition that it is not a reason for impossibility of concluding purchase contract. By accomplishing a purchase the purchaser agrees to be object of receiving direct mail.

This General Business Terms and Conditions can be archived or reproduced by purchaser. At the moment of concluding a contract purchaser agrees to accept all paragraphs of General Business Terms and Conditions as well the price unless there is a different agreement made between the seller and the purchaser.

EMPORIO BEAUTY s.r.o.
Exclusive dealership/direct importer to the Czech Republic for EMPORIO LASHES a BLINK LASH brands.
K Pešti 754/41
789 83 Loštice
IČ: 29462347
DIČ: CZ29462347

Mobil: +420 604 219 386

These General Business Terms and Conditions and parts hereto come into force and effect on 1.10.2014.

Contact

EMPORIO BEAUTY s.r.o.
Brick-and-mortar store (postal address)
Hradská 817/6a, 789 83 Loštice

Opening hours
8:00 - 16:00 (Monday - Friday)

Mobile: +420 604 219 386
Mobile: +420 607 054 035
E-mail: info@emporiolashes.cz

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