Terms and Conditions
of the trading company: Gitano cosmetics a.s. registered office: Ruská 117/17, Dubí – Teplice, 417 03
Identification number: 067 12 363
Company registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File No. 16743.
For the sale of goods via the online shop at the internet address: www.gitanoperfumes.com
Telephone: +420 728 608 266
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (“Terms and Conditions”) of Gitano cosmetics a.s., with its registered office at Ruská 117/17, Dubí – 417 03, identification number: 067 12 363, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section B, File No. 2676 (the “Seller”), in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, the Civil Code (“Civil Code”), define the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (“Purchase Contract”) concluded between the Seller and another natural person (the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on a website at an Internet address (“www.gitanoperfume.com”), through the website interface (“shop web interface”).
1.2. These Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person ordering goods in the course of his or her business or in the independent exercise of his or her profession.
1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising while the previous version of the Terms and Conditions were valid.
2. USER ACCOUNT
2.1. After registering on the website, the Buyer can access their user interface. The Buyer can order goods from their user interface (“user account”). If the shop web interface allows it, the Buyer can also order goods directly from the shop web interface without having registered.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, especially if the Buyer does not use the user account for more than 5 years or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be accessible continuously, especially due to necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third-party hardware and software.
3. CONCLUSION OF PURCHASE CONTRACT
3.1. The shop web interface contains information about the goods, including the prices of the individual goods. The prices of the goods include value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the shop web interface. This provision does not restrict the Seller’s ability to conclude a Purchase Contract on terms agreed on an individual basis.
3.2. The shop web interface also contains information on the costs of the postage and packing of the goods. The information about the costs associated with the postage and packing of the goods listed in the shop web interface is valid only in cases where the goods are delivered within the Czech Republic.
3.3. To order goods, the Buyer fills in the order form in the shop web interface. The order form contains information about:
3.3.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the shop web interface),
3.3.2. the method used to pay the purchase price of the goods, details of the required method used to deliver the ordered goods and
3.3.3. information on the costs of delivering the goods (hereinafter collectively referred to as “order”).
3.4. Before sending the order to the Seller, the Buyer has the opportunity to check and change the data entered into the order; this also enables the Buyer to detect and correct errors in the data entered into the order. The Buyer sends the order to the Seller by clicking on the “CREATE ORDER” button. The information provided in the order is considered correct by the Seller.
3.5. Sending an order constitutes an act on the part of the Buyer that clearly identifies the ordered goods, the purchase price, the Buyer, and the method used to pay the purchase price, and constitutes a binding draft Purchase Contract for the contracting parties. For an order to be valid, all the mandatory data must have been entered in the order form, and the Buyer must have read these Terms and Conditions on the website and confirmed that they have read these Terms and Conditions.
3.6. Immediately upon receipt of the order the Seller shall confirm receipt of the order to the Buyer by sending an e-mail to the Buyer’s e-mail address specified in the user interface or in the order (“Buyer’s e-mail address”).
3.7. Depending on the nature of the order (the quantity of goods, the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (such as in writing or by telephone).
3.8. The draft Purchase Contract in the form of an order is valid for fifteen days.
3.9. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s e-mail address.
3.10. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer’s e-mail address indicating possible variants of the order and requesting the Buyer’s opinion.
3.11. The amended offer is considered a new draft Purchase Contract and in such a case the Purchase Contract is only concluded after it has been accepted by the Buyer via e-mail.
3.12. The Buyer agrees to the use of remote communication in concluding the Purchase Contract. Costs incurred by the Buyer when using remote communication to conclude the Purchase Contract (internet connection costs, telephone costs) are borne by the Buyer; these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
4.1.1. by cashless payment using a credit card;
4.2. In addition to the purchase price, the Buyer is also obliged to pay the Seller the posting and packing costs of the goods at the contracted rate. Unless expressly stated otherwise, the purchase price shall also include the costs of delivering the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.5. In the event of cashless payment, the Buyer is obliged to state the variable symbol of the payment when paying the purchase price of the goods. In the event of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
4.6. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. If it is customary in business relations or if stipulated by the generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer for payments made under the Purchase Contract. The Seller is a payer of value added tax. The tax document (invoice) will be issued by the Seller to the Buyer after the price of the goods has been paid and will be sent in electronic form to the Buyer’s electronic address. The Seller is a VAT payer.
5. WITHDRAWAL FROM PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract:
5.1.1. on the delivery of goods whose price depends on financial market fluctuations independent of the Seller’s will and which may occur during the withdrawal period,
5.1.2. for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations independent of the Seller’s will,
5.1.3. on the delivery of goods that have been modified at the request of or for the Buyer,
5.1.4. on the delivery of perishable goods and goods that have been irretrievably mixed with other goods after delivery,
5.1.5. the delivery of goods in closed packaging, which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
5.1.6. on the delivery of an audio or visual recording or computer software if its original packaging is no longer intact,
5.1.7. on the delivery of newspapers, periodicals or magazines,
5.1.8. on the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer prior to the conclusion of the contract that in such a case it has no right to withdraw from the contract.
5.2. With the exception of the case referred to in Article 5.1 or any other case in which the Buyer cannot withdraw from the Purchase Contract, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that, if the subject of the Purchase Contract comprises several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. Notice of withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.
5.3. In the event of a withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be annulled from the outset. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the nature of the goods means that they cannot be returned by the usual postal means.
5.4. In the event of a withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return performance provided by the Buyer when goods are returned by the Buyer or in another way, if the Buyer agrees to this and no additional costs are incurred for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.
5.5. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
5.6. If the Seller offers the Buyer any free performance described as “gift” or “free”, for example, together with the goods, that constitutes an offer to conclude a gift contract in relation to that performance. By ordering the goods together with performance offered by the Seller and subsequently accepting such performance, the Buyer agrees to the offer to conclude a gift contract and the gift contract is thereby concluded between the Buyer and the Seller.
Download sample of notice of withdrawal from Purchase Contract
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1. In the event that the method of transport is agreed on the basis of a special request made by the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. In the event that, for reasons on the part of the Buyer, the goods need to be delivered repeatedly or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different delivery method.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, if any defects are found, to immediately notify the carrier. If packaging is not intact, indicating unauthorised tampering with the consignment, the Buyer is not obliged to accept the consignment from the carrier.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding regulations (in particular, the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer for ensuring that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer for ensuring that at the time the Buyer receives the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of such an agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and the advertising for those goods,
7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of that kind are usually used,
7.2.3. the quality or workmanship or the goods correspond to the agreed sample or pattern, if the quality or workmanship was determined according to an agreed sample or pattern,
7.2.4. the goods are delivered in the appropriate quantity, measure or weight; and
7.2.5. the goods meet the requirements of the legislation.
7.3. In the case of goods sold at a lower price, the provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use; in the case of second-hand goods, such provisions shall not apply to a defect corresponding to the level of use or wear and tear that the goods had when received by the Buyer, or if this is implied by the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.5. Rights arising from defective performance are to be exercised by the Buyer at the Seller’s premises at Ruská 117/17, Dubí – Teplice, 417 03
, where claims may be received with regard to the range of goods sold, or also at the Seller’s registered office or place of business. A claim is considered filed is at the moment when the Seller receives the goods subject to the claim from the Buyer.
7.6. The parties’ other rights and obligations related to the Seller’s liability for defects may be regulated by the Seller’s claims rules.
7.7. The warranty on the product lasts for 24 months from the date of purchase.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the goods upon paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer as defined by Section 1826(1)(e) of the Civil Code.
8.3. Consumer complaints are received by the Seller in writing at the address Ruská 117/17, Dubí – Teplice, 417 03
, or via the electronic address email@example.com The Seller shall send information on the settlement of the Buyer’s complaint to the address from which the complaint was delivered. The Buyer also has the right to the out-of-court settlement of a consumer dispute under the Consumer Protection Act, where the Czech Trade Inspection Authority is the entity responsible for the out-of-court settlement of consumer disputes – further information available here:http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/
8.4. The Seller is authorised to sell goods on the basis of a trade licence. Trade inspections are carried out within the scope of its competence by the relevant trade licensing authority. The protection of personal data protection is overseen by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.1. Notices concerning the relationship between the Seller and the Buyer, in particular those concerning withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, with the exception of notices of withdrawal issued by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
9.2. A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall also be deemed to have been delivered.
9.3. The parties may deliver ordinary correspondence not covered by Article 11.1. to each other by electronic mail, to the electronic mail address specified in the Buyer’s user account or specified by the Buyer in the order, or to the address specified on the Seller’s website.
10. FINAL PROVISIONS
10.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under the generally binding legislation.
10.2. If any provisions of these Terms and Conditions are or becomes invalid or ineffective, the invalid provisions shall be replaced by provisions whose meaning is as close as possible to that of the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Purchase Contract or the Terms and Conditions must be made in writing.
10.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.4. A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.
10.5. Contact details of the Seller: Ruská 117/17, Dubí – 417 03 delivery address9.2. A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall also be deemed to have been delivered.