These General Terms and Conditions (hereinafter referred to as the "GTC") apply to purchases in the online store www.combs-brushes.com, which is operated by PAVES color magic, sro, ID: 29318203, registered office at Nádražní 378, 667 01 Židlochovice, Czech Republic These GTC regulate the relations between the Buyer and the Seller in the field of sale of goods between PAVES color magic, sro, ID: 29318203, registered office at Nádražní 378, 667 01 Židlochovice, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 77401 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").
The seller is PAVES color magic, s.r.o., Company ID: 29318203, registered office at Nádražní 378, 667 01 Židlochovice, Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 77401.
The buyer is a consumer or an entrepreneur.
Consumer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller, does not act in the course of his business or other business activity or in the independent exercise of his profession. At the commencement of business relations, the consumer shall only hand over to the seller his / her contact information, which is necessary for the smooth execution of the order, or data that he / she wants to have on the purchase documents.
The legal relations of the Seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On Consumer Protection, both as amended, as well as related regulations.
a person registered in the Commercial Register (mainly companies)
person who conducts business on the basis of a trade license (sole trader registered in the Trade Register)
a person doing business on the basis of a non-trade license according to special regulations (this includes eg Free Business as Advocacy, etc.)
a person who performs agricultural production and is registered in a special regulation
The legal relations of the Seller with the Buyer who is an entrepreneur, not expressly regulated by these GTC or the Contract between the Seller and the Buyer are governed by the relevant provisions of the Act. No. 89/2012 Coll., the Civil Code, as amended, and related regulations. The Seller's Individual Agreement with the Buyer is superior to the terms and conditions.
c) Consumer Contract
Contract of purchase, work or other contracts according to the Civil Code, if the contracting parties are on the one hand the consumer and on the other the supplier, respectively. the seller.
3. Processing of personal data
All use of Buyer's personal data is governed by Act No. 101/2000 Coll., On Personal Data Protection, as amended, and other legal regulations in force in the Czech Republic. By his free decision (by pressing the order button), the buyer indicates that he is aware of all the above facts and agrees to further processing of his personal data for the business activities of the operator of this eshop. The provision of personal data is voluntary, you have the right to access the data and you are entitled to the protection of rights to the extent stipulated by law. You may revoke this consent at any time in writing. Personal data will be fully secured against misuse. The data will be stored and will not be shared with third-party applications. The controller hereby informs the data subject and provides him with explicit instruction on the rights arising from Act No. 101/2000 Coll., On the protection of personal data, ie in particular that the provision of personal data to the controller is voluntary, that the data subject has the right to access them , has the right to revoke the above consent at any time in writing at the address of the controller and in the case of violation of its rights to contact the Office for Personal Data Protection and request appropriate remedy, such as abstention of such behavior by the controller , correction or completion, blocking, liquidation of personal data, payment of monetary compensation, as well as use of other rights arising from Sections 11 and 21 of this Act. If the Buyer wishes to correct the personal information that
the Operator or the Seller processes it, it can ask for it at email@example.com or at the above-mentioned postal address of the Operator or the Seller.
3.1. SECURITY AND PROTECTION OF INFORMATION AND PERSONAL DATA
The operator of the e-shop as the controller of personal data (hereinafter referred to as the "controller") hereby in accordance with the provision of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 hereinafter referred to as the “Regulation”), informs its customers (hereinafter referred to as “Data Subject”) that:
1. The data subject's personal data, which will be submitted to the Administrator upon dispatch of the order, will be processed for the purpose of concluding the purchase contract and its subsequent fulfillment, including the settlement of any claims of the Data subject from defective performance. The legal basis for the processing of the data subject's personal data is therefore the fulfillment of the purchase contract established by the data subject's order and at the same time the fulfillment of the legal obligations of the Administrator pursuant to legal regulations governing rights and obligations in relation to consumer protection and accounting.
2. The reason for providing personal data to the Data Subject to the Controller is the identification of the contracting parties necessary for the conclusion and performance of the purchase contract, which would not be possible without providing such data.
3. The data subject's personal data will be processed for as long as the Administrator is obliged to store this data according to generally binding legal regulations, ie for at least 5 years according to the Accounting Act or for 10 years according to the VAT Act.
4. There will be no automated decision making or profiling of the data subject's personal data.
5. The controller did not appoint a Data Protection Officer, nor did he appoint a representative to fulfill the obligations under the Regulation. The data subject's personal data may be provided to the delivery service provider chosen by the data subject for the proper execution of the order, as well as to persons who provide legal and accounting services to the Controller in order to ensure proper fulfillment of obligations stipulated by generally binding legal regulations. The controller does not intend to transfer the personal data of the Data Subject to a third country, an international organization or third parties other than those referred to above.
6. The data subject shall have the right to request from the controller access to his / her personal data, their rectification or deletion, or the restriction of processing, and to object to the processing; if it considers that the Controller proceeds in violation of the Regulation when processing personal data.
4. Order and conclusion of the Contract
The Buyer is entitled to send the order to the Seller only through the ordering system of the eshop. The proposal to conclude the Purchase Agreement is to place the goods offered by the Seller on the website. The Seller shall confirm this acceptance to the Buyer without delay by means of an informative e-mail to the specified e-mail, but this confirmation does not affect the origin of the Contract. The resulting Agreement (including the agreed price) may only be changed or canceled by agreement between the parties or on legal grounds. These GTC are made in the Czech language, while the purchase contract can also be concluded only in the Czech language. A consumer who is domiciled in a Member State of the European Union outside the territory of the Czech Republic; who is a citizen of a Member State of the European Union outside the territory of the Czech Republic, by confirming the order, he agrees to conclude a purchase contract in the Czech language. After concluding the purchase contract, it is not possible to ascertain whether errors occurred during data processing before placing an order or to correct such errors. The concluded purchase contract is archived by the Seller and is available upon request to the Buyer within 2 years from the date of its signature.
5. Price and payment
The offer and prices stated in the seller's e-shop are contractual, final, always up-to-date and valid, for as long as they are offered to the Seller in the online shop. Shipping costs are listed under "Delivery time and delivery terms". The cost of using the means of distance communication shall be borne by the Buyer. The final calculated price after filling in the order form is already included including freight. As the price at the conclusion of the Contract between the Seller and the Buyer, the price stated for the goods at the time of ordering the goods by the Buyer shall apply. The tax document based on the purchase agreement between the Seller and the Buyer also serves as a delivery note. In principle, the Buyer may take over the goods only after they have been paid in full, unless otherwise agreed. In the event that the Buyer makes a payment and the Seller is subsequently unable to deliver the goods, the Seller shall promptly return the performance to the Buyer in an agreed manner. The time limit for reimbursement of the funds depends on the method of reimbursement chosen, but it must not exceed 30 days from the moment when this impossibility arose. The goods remain the property of the seller until full payment. The seller accepts the following payment terms:
- bank transfer
6. Delivery time and terms of delivery
The seller fulfills the delivery of the goods by handing over the goods to the buyer, or by handing the goods over to the first carrier, thereby also transferring the risk of damage to the goods to the Buyer. Availability of the product is always given in the detail of this product. Delivery time is subject to product availability, payment and delivery terms, and is 7 days maximum. Normally, we ship the goods within 2 working days of payment of the full purchase price. The deadline for delivery is always stated in the email confirming the order. Installation of purchased goods is not included. The Buyer will receive a tax document / invoice together with the shipment. The delivery period starts for the goods that will be paid by the Buyer upon receipt, ie cash on delivery, on the day of valid conclusion of the Purchase Contract according to Article IV. of these GBT. In the event that the Buyer chose a different payment option than the payment of the goods upon receipt, the delivery period starts to run only from the full payment of the purchase price, ie from the crediting of the respective amount to the Seller's account.
The Seller accepts the following delivery terms:
in person at the store
If the goods are exchanged within 14 days from the purchase of the goods, the Buyer is charged the postage costs, each time the goods are sent to the Buyer.
If the Buyer returns the goods to the Seller within 14 days, the Buyer shall bear the postage costs.
7. Warranty and service
The warranty period for the sale of consumer goods is 24 months. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which the lower price was agreed. If the goods are used, the seller is not liable for defects corresponding to the level of use or wear that the item had when the buyer took over. In accordance with the applicable laws of the Czech Republic, the Buyer, who is an entrepreneur and purchases goods in connection with the business, does not provide a warranty on the goods beyond the general responsibility of the Seller for defects of the goods upon delivery. Buyers who are entrepreneurs and buy goods in connection with their business activities are granted a warranty period
12 months. In order to claim warranty repair, it is necessary to present a purchase document. If the goods are shipped to the Seller, it is necessary to pack the goods for transport in such a way that it will not be damaged during transport. The Seller does not provide after-warranty service to the Buyers.
8. Complaints procedure
In the event that a defect occurs during the warranty period, the Buyer shall have the following rights under the warranty, depending on the nature of the defect:
- in case of defect removable:
a.) the right to free, proper and timely removal of the defect
b.) the right to exchange defective goods or defective parts, unless this is disproportionate due to the nature of the defect
c.) has the right to a reasonable discount on the purchase price or withdrawal from the contract if the procedures referred to in a.) and b.) are impossible
- in case of defect irremovable:
a.) the right to exchange defective goods or withdrawal from the purchase contract in case of defect removable, if the Buyer can not reoccur the defect after repair (ie the goods have already been claimed three times for the same defect) or for a larger number of defects
a.) the right to exchange defective goods or withdrawal from the purchase contract in case of other defects irremovable and if the consumer does not require replacement of the thing:
a.) the right to a reasonable discount on the purchase price or withdrawal from the contract
Complaints may be lodged with the Seller in its premises, in writing or by email.
Claims do not apply to:
if a defect or damage has been proven by improper use
contrary to the instructions for use or other misconduct of the Buyer
demonstrable tampering with the goods
defects caused by normal wear and tear of consumer goods with a specified period of time
after this period has expired
defects caused by natural disasters
Due to the nature of the conclusion of the Purchase Agreement by means of distance communication, the Buyer who is a consumer has the right to withdraw from this Agreement without any penalty within 14 days from receipt of the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with the provisions of Section 53 (7) and (8) of Act No. 89/2012 Coll., The Civil Code, as amended. The above does not apply to a Buyer who is an entrepreneur and concludes a Purchase Agreement in connection with his business activities. In the event of the above withdrawal from the contract, the Seller shall send the purchase price to the bank account
The Buyer, who shall notify the Seller for this purpose. The Seller has the right to withdraw from the Contract if the Buyer fails to pay the full amount of the purchase price within 14 days from the date of conclusion of the Purchase Contract.
The Buyer shall enable the Seller to fulfill its obligations in accordance with the Offer / Contract, for which it shall develop all necessary cooperation. The Buyer undertakes to cover all costs incurred by the Seller by sending reminders and costs related to the recovery of any receivables.
The Buyer acknowledges that the Seller is entitled to assign its claim under the Contract to a third party.
The Buyer shall immediately inform the Seller of a change in its identification data no later than 5 working days from the date such change occurred. The Parties undertake to use their best endeavors to settle all disputes arising out of or in connection with the Contract and / or the GTC. Mutual obligations of the parties are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code, as amended. For the purposes of contracting with an international element herewith in accordance with Article III. Regulation No 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 ('Rome I'), that they chose Czech law as the law applicable to the contract of sale and these GTC. excluding the application of the "United Nations Convention on Contracts for the International Sale of Goods". This choice is without prejudice to Article VI. Rome I, concerning consumer contracts. In the event that any provision of the Contract and / or the GTC is or becomes or becomes invalid or unenforceable, this shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Contract and / or the GTC. In such cases, the Contracting Parties undertake to replace an invalid or unenforceable provision with a valid and enforceable provision which will, to the extent possible, have the same meaning and effect as permitted by law as the intention of the provision to be replaced. For the purposes of contracting with an international element for any dispute (except for disputes in respect of and / or related to the exclusive jurisdiction of the arbitrator), that there is no competence of an arbitrator under this Article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the exclusive jurisdiction of the Brno-venkov Municipal Court to adjudicate and / or in connection with any future disputes arising from the Contract and / or the GBC The contracting parties hereby also establish exclusive jurisdiction of the Brno-venkov Municipal Court for all disputes in connection with the Contract and the GTC (with the exception of disputes for which the arbitrator has exclusive jurisdiction and / or in connection therewith). These GTC come into force and effect on 1.4.2016 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GBC then expire on the day the later GBC becomes effective.