Terms and conditions
with registered seat in Czech Republic, Rychtářská 1129/10,
Liberec XIV-Ruprechtice, Liberec, postal code 460 14
Registration number: 066 71 888
registered in the Companies Register maintained by the Regional Court in Ústí nad Labem, file number C 42792, for the sale of goods through an online store located at web address imexhair.com.
1. General provisions
- 1.1. These Terms and Conditions (hereinafter as "Terms and Conditions") of the company ABSOWIN s.r.o., with its registered seat in Czech Republic, Liberec, Rychtářská 1129/10, postal code 460 14, registration number: 066 71 888, registered in the Companies Register maintained by the Regional Court in Ústí nad Labem, file number 42792 (hereinafter as "the Seller"), in accordance with the provisions of Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter as "Civil Code"), regulate the mutual rights and obligations of the parties arising from contract of sale (hereinafter as "Contract of Sale") concluded between the Seller and the Buyer through the Seller's online shop. The shop is kept by the Seller on a website imexhair.com (hereinafter as "Website") through the website interface (hereinafter as "web interface").
- 1.2. The Buyer may be a consumer or an entrepreneur. Unless otherwise below specified, the Buyer shall mean the Consumer or Entrepreneur (hereinafter as "the Buyer").
- 1.2.1. A consumer is any individual who, outside his trade, business or profession, enters into a contract or has other dealings with an entrepreneur.
- 1.2.2. An entrepreneur in a person, who, on his own account and responsibility, independently carriers out a gainful activity in the form of a trade or in similar manner with the intention to do so consistently for profit is considered, regarding this activity. Among other things, an entrepreneur is any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur. If the Buyer states its registration number in the order, it acknowledges that the rules stated in these Terms and Conditions for entrepreneurs shall be applied.
- 1.3. Provisions different from the Terms and Conditions can be agreed in the Contract of Sale. Different arrangements in the Contract of Sale have priority before the Terms and Conditions.
- 1.4. Terms and Conditions are an integral part of the Contract of Sale. By sending an order, the Buyer confirms that it has acquainted itself with these Terms and Conditions and Complaints Code and with the rules connected with personal data protection, which are integral part of this Terms and Conditions.
- 1.5. The Terms and Conditions may be amended or changed by the Seller. This provision shall not affect the rights and obligations arising during the efficiency of the previous version of the Terms and Conditions.
2. Conclusion of the Contract of Sale
- 2.1. All presentation of goods placed in the web interface is an offer subject to availability of stock or loss of the entrepreneur´s ability to provide a performance according the Section 1732 paragraph 2 of the Civil Code.
- 2.2. The web interface contains information about the goods, including the indication of the prices of the individual goods, the cost of delivery of the goods and the return of the goods. The prices of the goods include VAT and all related charges. Article 6 is not affected by this. Prices of goods remain in effect if they are placed in the web interface. This article does not limit the Seller's ability to conclude a sale of contract with individually agreed conditions.
- 2.3. To order the goods, the Buyer fills the order form in the web interface. In particular, the order form contains information about:li>
- 2.3.1. ordered goods (the Buyer inserts the ordered goods into the electronic shopping cart of the web interface),
- 2.3.2. the method of payment of the purchase price, information about the required method of delivery of the ordered goods and
- 2.3.3. information about the cost of delivering the goods (postage); (hereinafter as "order").
- 2.4. Before sending the order to the Seller, the Buyer can check and change the data entered to the order by the Buyer. The Buyer sends the order by clicking on the "Order" button. The data placed in the order are deemed correct by the Seller. The Seller shall immediately acknowledge receipt of the order by e-mail to the Buyer's e-mail address specified in the User Account or in the order (hereinafter as "Buyer's e-mail address").
- 2.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by phone).
- 2.6. The contractual relationship between the Seller and the Buyer arises by accepting the order (acceptance), which is sent by the Buyer to the Seller through the web interface using the "Order" button. In exceptional cases, the Seller is entitled to cancel the order after a written notice to the Buyer, especially if the situation foreseen in Section 1732 of the Civil Code occurs.
- 2.7. The Buyer agrees to use the means of distance communication to conclude the Contract of Sale.
3. Price of goods and payment terms
- 3.1. The price of the goods and any costs associated with the delivery of the goods under the Contract of Sale may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's seat at ABSOWIN s.r.o., Rychtářská 1129/10, Liberec 460 14;
- cash on delivery (COD) at the place specified by the Buyer in the order, this option is available only for orders with place of delivery in the Czech Republic;
- by cashless transfer to the Seller's account as written below; the Buyer is obliged to choose a bank account according to the currency in which the transaction will be made (hereinafter as "Seller's Account");
- by credit card;
Bank Bank address Currency IBAN BIC/SWIFT No. of account Code of Bank Československá obchodní banka, a. s. Radlická 333/150 150 57 Praha 5 CZK CZ75 0300 0000 0002 8390 3479 CEKOCZPP 283903479 0300 Československá obchodní banka, a. s. Radlická 333/150 150 57 Praha 5 EUR CZ90 0300 0000 0002 8805 3645 CEKOCZPP 288053645 0300 Československá obchodní banka, a. s. Radlická 333/150 150 57 Praha 5 USD CZ41 0300 0000 0002 8805 6467 CEKOCZPP 288056467 0300 Československá obchodní banka, a. s. Radlická 333/150 150 57 Praha 5 GBP CZ50 0300 0000 0002 8900 9718 CEKOCZPP 289009718 0300
- 3.2. Unless expressly stated below, the purchase price contains also the costs associated with the delivery of the goods. Article 6 is not affected by this.
- 3.3. The Seller does not require the Buyer to make a deposit or other similar payment. Article 3.5. is not affected by this regarding the obligation to pay the purchase price in advance.
- 3.4.In case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.
- 3.5. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the Contract of Sale.
- 3.6. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
- 3.7. If it is customary in trade or if it is stipulated by law, the Seller shall issue to the Buyer a tax document - invoice. The Seller is a payer of value added tax (VAT). The invoice will be issued by the Seller to the Buyer after payment of the purchase price and will be sent electronically to the Buyer's email address or packed as printed invoice together with the ordered goods.
- 3.8. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure then within 48 hours.
- 3.9. All purchase prices stated on the Seller's website are stated in the currency that is offered and chosen by the Buyer when ordering on the Website.
- 3.10. In the case of international bank transfers within the European Union SHA is charged.
- 3.11. The Buyer is obliged to pay all the charges when there is International bank transfers outside the European Union. This payment is made with the OUR arrangement. If the Buyer fails to do so and a lower amount of money is sent to the Seller's account, the Seller is entitled to request remain of the money before sending goods.
- 3.12. For international payment orders, the Buyer's bank determines the exact exchange rate. When returning the goods in this case, the amount is deducted from the original source in full. The Seller is not responsible for exchange rate movements.
- 3.13. For a foreign card payment, the Buyer may be charged $ 1-10 USD, or the equivalent in another currency. The Seller alerts that only the Buyer's bank charges these fees. The Seller cannot return the fee because it does not operate with it. For more information on fees, let the Buyer contact its bank.
- 3.14. For card payment, the Seller accepts all usual credit cards (Visa, MasterCard, American Express).
- 3.15. Card payments are conducted in PayPal and GoPay. These payments are secure. All information about the card payments is communicated by PayPal or GoPay and not by the Seller.
- 3.16. During card payment, the Buyer is obliged to verify that the contact details and its address entered to the order are like the data that the Buyer has given to his bank. If this data is different, the transaction could not be executed.
4. Withdrawal from the contract
- 4.1. Article 4 shall apply only if the contract of sale is concluded with the consumer.
- 4.2. The consumer acknowledges that it is not possible to withdraw from the Contract of Sale for the delivery of goods that have been modified according to the Buyer's wishes, from the contract of delivery of goods with rapid decay as well as goods that have been irrevocably mixed upon delivery with other goods, from the contract for the delivery of goods in a sealed package that the consumer has removed from the packaging and cannot be returned for hygiene reasons and from the purchase agreement for the delivery of audio or video recordings or a computer program if they have broken their original packaging.
- 4.3. If this is not the case referred in article 4.2. or another case where the contract cannot be withdrawn, the Consumer has the right to withdraw from the contract in accordance with Section 1829 par. 1 of the Civil Code within fourteen days of receipt of the goods, and there are several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract must be sent to the Seller within the period specified in the previous sentence.
- 4.4. To withdraw from the contract according to the previous point, the consumer may use the standard form provided by the Seller, which is attached to the terms and conditions. The withdrawal from the contract may be sent by the consumer to the address of the Seller's seat or the Seller's e-mail address firstname.lastname@example.org.
- 4.5. In case of withdrawal from the contract according to Article 4.2., the contract is canceled from the beginning. The goods must be returned to the Seller by the consumer within fourteen days of the delivery of the withdrawal from the contract to the Seller.
- 4.6. If the consumer withdraws from the contract, the Seller bears the costs of returning the goods. In the case where the goods cannot be returned by their usual postal way due to their nature, the cost of returning the goods bears the consumer.
- 4.7. In case of withdrawal from the contract according to article 4.2. the Seller shall return the amount of money received from the consumer within fourteen days of withdrawal from the Contract of Sale, by bank transfer to the account, unless the parties agree otherwise. If the consumer withdraws from the contract, the Seller is not obliged to return the money received before the consumer returns the goods or proves that the goods have been sent to the Seller.
- 4.8. The Seller is entitled to set off the claim for damages to the goods against the consumer's claim for refund of the purchase price.
- 4.9. If a gift is given to the consumer together with the goods, the gift contract between the Seller and the consumer is concluded with the termination condition that if the consumer withdraws from the contract, the gift contract for such gift is terminated also and the consumer is obliged to return the goods and the gift with goods provided to the Seller.
5. Transport and delivery of goods
- 5.1. If the Seller has the goods in store, it usually takes 1-2 business days to process the order. In case of incorrect data in the order, processing of the order may be delayed by another 1-2 business days.
- 5.2. If an incorrect address is specified in the order, the Seller shall wait for the return of the goods for undeliverability and then resend the goods to the correct address. All costs incurred in such a case shall be billed to the Buyer. The Buyer is obliged to pay these costs before resending the goods.
- 5.3. If the goods are returned to the Buyer in the case referred to in Article 5.2, the Seller shall return the purchase price to the Buyer less all costs incurred pursuant to Article 5.2. and which the Buyer did not pay.
- 5.4. If the method of delivery is negotiated based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery/transport. The Seller is not responsible for any non-delivery on weekends and holidays, even if the buyer has chosen an express delivery method.
- 5.5. If the Seller is obliged under the Contract of Sale to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery and the provisions of section 2159 par. 2 of the Civil Code shall apply mutatis mutandis.
- 5.6. If the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other methods of delivery. If the Buyer does not take over the goods, he is then obliged to pay the costs associated with not taking over the goods.
- 5.7. If the Buyer does not pay the costs incurred in connection with article 5.6., the Seller is entitled to claim damages, pursuant to section 2913 of Civil Code, since the Buyer is a fundamental breach of the Contract of Sale and Terms and Conditions.
- 5.8. Upon taking over 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 to notify the carrier immediately. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the goods from the carrier.
- 5.9. In the case of returning unpacked and undamaged goods within 14 days from the date of delivery of the goods to the Buyer, the Buyer is obliged to pay for the return.
- 5.10. The Buyer is entitled to choose a carrier that offers a delivery confirmation tracking service. However, if the goods have not been delivered, but the carrier has confirmed the delivery, the Buyer must contact that carrier. The Seller is not responsible for this discrepancy.
- 5.11. Other rights and obligations of the parties during the delivery of goods may be modified by the Seller's special delivery terms if issued by the Seller.
6. Special provisions for the purchase of goods by a Buyer from the third countries
- 6.1. Third countries for the purposes of these Terms and Conditions are countries located outside the European Union.
- 6.2. The law applicable to Contract of Sales concluded with a Buyer from third countries is governed by the law of the Czech Republic. The Seller and the Buyer hereby exclude the use of Czech collisional rules.
- 6.3. These Buyers are required to pay all customs, tax and other payments related to the purchase of goods to third countries. The Buyer is obliged to pay these payments directly to the carrier or the customs office. The Seller cannot return such payments, because it does not accept them from the Buyer.
- 6.4. Goods delivered to third countries are provided by the Seller only with the so-called DDU (Delivered Duty Unpaid). Therefore, the price of the offered goods does not include the fees specified in article 6.3.
- 6.5. The Buyer is obliged to pay all additional charges referred to in article 6.3. in the country of delivery. To determine the amount of these fees, the Seller recommends that the Buyer shall contact the customs office or tax representative in their country.
7. Bearing of risk of damage to property and rights arising from defective performance
- 7.1. The Seller is liable to the Buyer that the goods have no defects during taking over. The Seller is liable to the Buyer that at the time the goods were taken over by the Buyer:
- the goods have properties that the parties have agreed, and if the agreement is missing, it has characteristics that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they carry out,
- the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are in the appropriate quantity, measure or weight;
- goods comply with legal requirements.
- 7.2. The Buyer's right arising from defective performance constitutes a defect that the goods has when transferring the risk of damage to the Buyer, even if it becomes apparent later. The Buyer's right shall also be established by a later defect caused by the Seller's breach of his obligation.
- 7.3. If possible, the Buyer will inspect the item as soon as possible after the risk of damage has been transferred to the goods and will verify its attributes and quantity.
- 7.4. The risk of damage passes to the Buyer by taking over the goods. The same consequence, if the Buyer does not take the matter, although the Seller allowed it to dispose of it. Damage to things that arose after the risk of damage to the goods has been transferred to the buyer does not affect his obligation to pay the purchase price unless the Seller caused the breach of his obligation.
- 7.5. By delaying the takeover of the goods, the other party has the right to sell the goods upon prior notice to account of late party in an appropriate period after it has given the late party an additional reasonable time to take over. This also applies if the party delays with paying and when the paying is conditional on the transfer of the goods.
- 7.6. The article of 6.1. shall not apply to goods sold at a lower price for a defect which was agreed, for wear and tear caused by its normal use.
- 7.7. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Code.
8. Fundamentally and non-fundamental breach of contract by the Seller
- 8.1. If the defective performance is a fundamentally breach of the contract, the Buyer has the right:
- to remedy the defect by delivering a new item without defect or by delivering the missing item, if this is not disproportionate due to the nature of the defect, but if the defect relates only to the item, the Buyer may only require replacement of the component; if this is not possible, he may withdraw from the contract. If, however, due to the nature of the defect, it is disproportionate, especially if the defect can be removed without undue delay, the Buyer has the right to a free removal of the defect;
- to correct the defect by repairing the item;
- a reasonable discount on the purchase price; or
- withdraw from the contract.
- 8.2. The Buyer shall inform the Seller of the right he has chosen, upon notification of the defect, or without undue delay after the defect has been notified. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the buyer has requested the repair of a defect that proves irreparable. If the Seller does not remove the defects within a reasonable period of time or if the Buyer informs the Buyer that he will not remove the defects, the Buyer may require a reasonable discount on the purchase price instead of the defect removal or may withdraw from the contract.
- 8.3. If the Buyer does not choose his right on time, he has rights as in the case of a non-fundamental breach of contract – what is mentioned below.
- 8.4. If the defective performance is a non-fundamental breach of the contract, the Buyer has the right to remove the defect or to a reasonable discount on the purchase price.
- 8.5. If the Buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the Seller may deliver what is missing or remove the defect. Other defects may be removed by the Seller at its option by repairing the item or by delivering a new goods.
- 8.6. If the Seller does not remove the defect in time or refuses to remove the defect, the Buyer may request a discount from the purchase price or may withdraw from the contract. The Buyer cannot change the choice without the Seller's consent.
9. Quality guarantee
- 9.1. By guaranteeing the quality, the Seller undertakes that the object of performance will be, for a definite period after the discharge, fit for use for the stipulated purpose and that it will retain the stipulated properties. These effects are also indicated by the guarantee period or expiry date on the packaging or advertising. A guarantee may also be granted for a single part of the goods.
- 9.2. The guarantee period runs from taking over the goods to the Buyer; if the goods was sent due to contract, it runs from the arrival of the goods to the place of delivery.
- 9.3. The Buyer is not entitled to a guarantee if the defect is caused by an external event after the transfer of the risk of damage to the Buyer.
10. Other rights and obligations of the parties
- 10.1. The Buyer acquires ownership of the goods by paying the entire purchase price.
- 10.2. In relation to the Buyer the Seller is not bound by any codes of conduct within the meaning of section 1826 par. 1 letter a) and e) of the Civil Code.
- 10.3. Consumer complaints are handled by the Seller through the e-mail address email@example.com The Seller will send information about the Buyer's complaint to the Buyer's e-mail address.
- 10.4. To the ADR (Alternative Dispute Resolution) disputes arising from the Contract of Sale is the responsibility of the Czech Trade Inspection Authority, with its registered office in Czech Republic, Štěpánská 567/15, 120 00 Prague 2, registration number 000 20 869, Internet address: https://adr.coi.cz/cs. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the Contract of Sale.
- 10.5. European Consumer Center of the Czech Republic, with its registered office at Czech Republic, Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
- 11.1. Seller´s duty to inform the Buyer in accordance with Article 13 of Regulation (EC) No 2016/679 on the general data protection (hereinafter as “GDPR Regulation”) relating to the processing of the Buyer's personal data for the purpose of performance of the Contract of Sale, for the purposes of negotiating the Contract of Sale and for the purposes of the performance of the Seller's public obligations by means of a special document available on the Seller's website.
12. Sending commercial communications and storing cookies
- 12.1. Pursuant to section 7 par. 2 of Act No. 480/2004 Coll., on Certain Information Society Services, the Buyer agrees to receive commercial communications by the Seller to the electronic address or to the Buyer's telephone number. The Seller is obliged to provide his information duty to the Buyer within the meaning of article 13 of the GDPR Regulation related to the processing of personal data of the Buyer to sending commercial communications through a special document available on the Seller's website.
- 12.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website can be performed and the Seller's obligations under the Contract of Sale, without the so-called cookies stored on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
- 13.1. Notification regarding the relations of the Seller and the Buyer, e.g. concerning the withdrawal from the contract, must be delivered by post in the form of a registered letter, unless stated otherwise in the Contract of Sale. Notifications are delivered to the contact address of the second party and are deemed delivered and effective upon delivery by post, except for notice of withdrawal made by the buyer when the withdrawal is affected if the notice is sent by the buyer within the withdrawal period. Article 4.4. are not affected by this.
- 13.2. In case of international contract of sale, the notification pursuant to Article 13.1. delivered electronically via email.
- 13.3. A notification whose acceptance was refused by the recipient, which was not pick up at the storage limit or which was returned as undeliverable, is also considered as delivered.
- 13.4. The contracting parties may deliver ordinary correspondence to each other by email to the e-mail address specified in the Buyer's user account or specified by the Buyer in the order or to the address indicated on the Seller's website.
14. Final Provisions
- 14.1. If the relationship established by the Contract of Sale contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and explicitly exclude the use of Czech collisional rules. Consumer rights arising from legal regulations are not affected by this.
- 14.2. If any provision of the Terms and Conditions is invalid or ineffective the provision that regulates such issues shall be used. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the Contract of Sale or Terms and Conditions require written form.
- 14.3. The proof of conclusion of the Contract of Sale, including the terms and conditions, is archived by the Seller in electronic form.
- 14.4.Annex to the Terms and Conditions forms is a model form for withdrawal from the Contract of Sale.
- 14.5. The Seller´s contact details:
- Delivery address: ABSOWIN s.r.o., Rychtářská 1129/10, Liberec 460 14
- e-mail address: firstname.lastname@example.org
- phone number: +420 775 617 373.
In Liberec 01.07.2019