TERMS AND CONDITIONS
I.
Basic Provisions
These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the entrepreneur Vitalii Boldovskyi, with the registered office at Frýdlantská 1312/19, 182 00, Prague 8 - Kobylisy, Identification Number: 19355432, a natural person registered in the trade register (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751, Paragraph 1, Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code") the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller on the website through the website interface.
II.
Definition of Terms
1. Working days - working days from Monday to Friday, except for public holidays of Czech Republic.
2. Delivery - means the actual act of delivering the goods to the Customer via the Supplier, the goods specified in the order.
3. Password - means a string of letters, numbers, or other characters chosen by the Customer during registration on the online store, which serves to secure access to the Customer's account in the online store.
4. Customer - the entity to which services may be provided electronically or with whom a Sales Agreement may be concluded in accordance with the Terms and Conditions and the law.
5. Consumer - a natural person who performs a legal act with an entrepreneur, which is not directly related to his business or professional activity.
6. Customer account - means an individual panel for each Customer, which is initiated on their behalf by the Seller after the Customer has completed the Registration and entered into a service provision agreement for maintaining the customer account.
7. Registration - means the actual activity performed in the manner specified in the Rules, which is required for the Customer to use all the functions of the online store.
8. Online store website - means the website on which the Seller operates the online store run in the domain henna-shop.com.
9. Goods - means the product presented by the Seller through the online store website, which may be the subject of a purchase contract.
10. Purchase contract - purchase contract concluded remotely, under the conditions set out in the Rules, between the Customer and the Seller.
III.
Customer Account
1. Based on the registration of the Buyer made in the online store henna-shop.com, the Buyer can access their Customer account. From their Customer account, the Buyer can order goods. The Buyer can also order goods without registration directly from the web interface of the store.
2. To register, the Customer should fill out the registration form provided by the Seller on the store's website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form.
3. When registering for a Customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information.
4. Access to the Customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their Customer account. The Seller is not responsible for any misuse of the Customer account by third parties.
5. By pressing the registration button, the Customer expresses their consent to the processing of their personal data. In this context, the Seller explicitly informs about the purpose of collecting the Customer's personal data and about the Seller or the expected recipients of this data.
6. The Customer's consent to the processing of their personal data for marketing purposes does not mean the possibility of concluding a service provision agreement for the Customer account by electronic means. The consent can be revoked at any time by submitting the relevant statement of the Customer to the Seller. The statement can be sent, for example, to the Seller's address via email.
7. After sending the completed registration form, the Customer immediately receives an email at the email address provided in the registration form with a confirmation of registration from the Seller. At this time, an agreement on the provision of the Customer account service by electronic means is concluded, and the Customer gains access to the Customer account and to the changes made during the Registration of data.
IV.
Order and Conclusion of Purchase Contract
1. Information contained on the online store website does not constitute an offer by the Seller in the sense of the Civil Code, but merely an invitation for Customers to submit offers to conclude a purchase contract.
2. The Customer (a natural person) can place orders in the online store through the online store website or by email 7 days a week, 24 hours a day.
3. The Customer can place orders in the online store via email.
4. The Buyer places an order for goods in the following ways:
• Through their customer account, if they have previously registered in the online store,
• By filling out the order form without registration,
• By email.
5. The Customer placing an order through the online store website completes the order by selecting the goods they are interested in. Adding goods to the order is done by selecting the BUY command within the given product presented on the store's website. After completing the entire order and indicating the method of delivery and payment in the CART, the orderer sends the order by submitting the order form to the Seller by selecting the "Order and pay" button on the store's website. Each time before sending the order to the Seller, the Customer is informed of the total price of the selected goods and delivery, as well as any additional costs that they are required to incur in connection with the purchase contract. By placing the order, the Buyer confirms that they have read the Terms and Conditions before concluding the contract and that they expressly agree with them.
6. The Customer placing an order via email sends it to the email address provided by the Seller on the store's website. In the email sent to the Seller, the Customer provides in particular: the name of the product, color, and quantity from the goods presented on the store's website, and their contact details.
7. After receiving an email from the Customer as specified in paragraph 4, the Seller sends the Customer an email confirmation of the receipt of the order, including the Seller's registration details, the price of the selected goods, and possible payment methods, as well as the delivery method along with its price, and information on any additional costs that the Customer would incur from the purchase contract. The email also contains information for the Customer that concluding a purchase contract via email entails the obligation to pay for the ordered goods. Based on the information provided by the Seller, the Customer can place an order by sending an email to the Seller, indicating the chosen payment method and delivery method.
8. The order is an offer to the Seller by the Customer to conclude a purchase contract for the goods specified in the order.
9. After sending the order, the Seller sends a confirmation of its submission to the email address provided by the Customer.
10. Then, after confirming the placement of the order, the Seller sends information about the acceptance of the order to the address provided by the Customer. The information about the acceptance of the order is the Seller's statement of acceptance of the offer specified in paragraph 4, and upon receipt by the Customer, a purchase contract is concluded.
11. After concluding the purchase contract, the Seller confirms the Terms and Conditions and sends them to the Customer on a durable medium to the email address or in writing to the address provided by the Customer during registration or ordering.
ATTENTION! We regret to inform you that due to technical reasons, we cannot process orders from legal entities.
V.
Payment Terms
1. Prices on the online store website for the given goods are gross prices and do not include information about the costs of delivery or any other costs that the Customer will be obliged to incur in connection with the purchase contract, which the Customer will be informed about when choosing the delivery method and placing the order.
2. The price of the goods and any costs associated with the delivery of goods under the purchase contract can be paid by the Buyer in the following ways:
• Cashless payment in advance by payment card (online via the internet) (in this case, the order will be processed by sending the order confirmation to the Buyer by the Seller and after receiving information from the eService system about the successful completion of the payment);
• Cash on delivery upon delivery of the goods (in this case, the order will be processed after the Seller sends the order confirmation).
3. The Buyer should make the payment for the order in the amount resulting from the concluded purchase contract within 3 working days if they choose the prepayment form.
4. If the Customer does not make the payment within the period specified in paragraph 5, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer on a durable medium. The information about the additional payment deadline also includes information that after the expiry of this period, the Seller will withdraw from the purchase contract. In the event of the ineffective expiry of the second payment deadline, the Seller sends the Customer a permanent record of the declaration of withdrawal from the contract.
5. If the Seller receives a message from the payment gateway about a payment error, the Seller has the right to withdraw from the contract and inform the Customer.
VI.
Delivery of Goods
1. The Seller delivers within the territory of the Czech Republic.
2. The Seller is obliged to deliver the goods specified in the purchase contract without defects.
3. The ordered goods are delivered to the address specified by the Customer in the order form.
4. Delivery is provided by:
• Zásilkovna (Pickpoint) – the package can be picked up at the Zásilkovna branch or Z-box, or Alzabox.
• Zásilkovna (Courier) – the package will be delivered directly to your hands at the chosen address,
5. Delivery is ensured on working days during regular working hours.
6. The Customer is obliged to check the delivered package in a timely manner and in a manner accepted for packages of this type. In the event of loss or damage to the shipment, the Customer has the right to request the preparation of a proper protocol from the Supplier's employee.
7. Upon the Customer's request, the Seller will attach an invoice to the shipment or the delivered goods.
8. As part of the contract with the Customer, the Seller may send an invitation to the Customer's email address to conduct a post-sale survey. The survey is used to review the transaction's opinion. The Customer can fill out the questionnaire voluntarily.
VII.
Warranty
1. The goods sold by the Seller may be covered by a warranty provided by the manufacturer or distributor of the goods.
2. In the case of goods covered by a warranty, information about the existence and content of the warranty is always provided on the store's website.
3. The Seller delivers goods without physical and legal defects. The Seller is liable to the Customer if the goods have a physical or legal defect (warranty).
4. If the goods have a defect, the Customer can:
• Submit a declaration of price reduction or withdrawal from the purchase contract if the Seller does not immediately and without undue inconvenience replace the defective product with a defect-free product or remove the defect. This limitation does not apply to cases where the Seller has already replaced or repaired the goods or failed to fulfill the obligation to replace the goods with defect-free goods or remove defects. Instead of removing the defect proposed by the Seller, the Customer can demand the replacement of the goods with defect-free goods or the replacement of the goods, unless it is impossible to bring the goods into compliance with the method chosen by the Customer or requires excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free goods, the nature and significance of the defect are taken into account, and the inconvenience that the Customer would otherwise face is considered.
• Demand the replacement of the defective product with a defect-free product or remove the defect. The Seller is obliged to replace the defective goods with defect-free goods or remove the defect within a reasonable period without undue inconvenience to the Customer.
The Seller can refuse to satisfy the Customer's demands if it is impossible to bring the defective goods into compliance with the contract in the manner chosen by the Customer or if it would require excessive costs compared to another possible way to bring the goods into compliance with the purchase contract. The costs of repair or replacement are borne by the Seller.
5. The Customer who exercises their rights under the warranty is obliged to deliver the defective item to the Seller's address. If the Customer is a consumer, the costs of delivery are borne by the Seller.
6. The Seller is liable under the warranty if the physical defect is discovered before the expiry of two years from the release of the goods to the Buyer. The right to remove the defect or replace the goods with defect-free goods expires one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the purchase contract or submit a declaration of price reduction due to the defect of the goods. If the Customer demanded the replacement of the goods with defect-free goods or the removal of the defect, the period for withdrawing from the purchase contract or submitting a declaration of price reduction begins upon the ineffective expiry of the period for replacing the goods or removing the defect.
7. All complaints regarding the goods or the performance of the purchase contract can be made by the Customer in writing and sent to the Seller's address: hennashop2023@gmail.com. The Seller will respond to the complaint regarding the goods or complaints related to the performance of the purchase contract notified by the Customer within 14 days from the date of submission of the request containing the complaint.
8. The Customer can file a complaint with the Seller regarding the use of free services provided electronically by the Seller. The complaint can be submitted in electronic form and sent to the address hennashop2023@gmail.com. The Customer should describe the problem in the complaint. The Seller will promptly, but no later than within 14 days, consider the complaints and provide the Customer with a response.
9. The Seller excludes liability arising from the warranty concerning Entrepreneurs.
VIII.
Withdrawal from the Purchase Contract
1. A Customer who is a Consumer and has concluded a purchase contract may withdraw from it without stating a reason.
2. The period for withdrawal from the contract is 14 calendar days from the date the goods were taken over by the Consumer.
3. The Consumer may withdraw from the purchase contract by writing a statement of withdrawal in any form and sending this statement to the Seller's email address provided on the store's website. To meet the deadline, it is sufficient to send the statement before its expiry.
4. In the event of withdrawal from the purchase contract, it is considered null and void.
5. If the Consumer submits a statement of withdrawal from the purchase contract before the Seller accepts their offer, the offer ceases to be binding.
6. The Seller has 14 days from the receipt of the Consumer's withdrawal statement to process it. The Seller is entitled to withhold the return of payments received from the Consumer until the goods are returned or proof of sending the goods back is provided by the Consumer, whichever occurs first.
7. The Consumer is obliged to return the goods to the Seller without delay, but no later than 14 days from the date of withdrawal from the purchase contract. To meet the deadline, it is sufficient to return the goods to the Seller's address before the deadline expires.
8. In the event of withdrawal from the contract, the Consumer bears the direct costs of returning the goods.
9. The Seller is obliged to return the payment to the bank account provided by the Consumer in correspondence.
10. The right to withdraw from the purchase contract does not apply to a Consumer in relation to contracts where the goods are delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery.
11. The Consumer cannot withdraw from the contract in accordance with Section 1837 of the Civil Code:
on the provision of services, if they have been fulfilled with the Consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the Consumer before concluding the contract that in such a case they do not have the right to withdraw from the contract;
on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the entrepreneur and which may occur during the withdrawal period;
on the delivery of goods that were modified according to the Consumer's wishes or for their person;
on the delivery of perishable goods as well as goods that were irreversibly mixed with other goods after delivery;
on the delivery of goods in a sealed package that the Consumer removed from the package and cannot be returned for hygiene reasons;
in other cases specified in Section 1837 of the Civil Code.
IX.
Unpaid Services
1. The Seller provides Customers with free electronic services 7 days a week, 24 hours a day:
• Contact form;
• Newsletter;
• Customer account management;
2. The Seller reserves the right to choose and change the type, form, time, and method of granting access to selected services, which will inform Customers in a manner appropriate to the change of the Rules.
3. The Contact Form service involves sending a message to the Seller via the form located on the store's website.
4. Withdrawal from the free Contact Form service is possible at any time and involves stopping sending inquiries to the Seller.
5. The Newsletter service can be used by any Customer who provides their email address via the registration form provided by the Seller on the store's website. After submitting the completed registration form, the Customer will immediately receive an email to the email address provided in the registration form, containing an activation link to confirm the subscription to the Newsletter. If the link is activated by the Customer, a contract for the provision of the Newsletter service by electronic means is concluded. The Customer can additionally check the appropriate box in the registration form to subscribe to the Newsletter service.
6. The Newsletter service involves sending an electronic message containing information about new products or services in the Seller's offer to the email address. The Seller sends the Newsletter to all clients who have signed up.
7. Each Newsletter addressed to the relevant Clients contains, in particular: information about the sender, filled-in "subject" areas indicating the content of the shipment, and information on the possibility and method of unsubscribing from the free Newsletter service.
8. The Customer can unsubscribe from the subscription at any time via the link provided in each email sent as part of the Newsletter service or by deactivating the appropriate field in the Customer account.
9. The Client Account service is available after registration under the conditions described in the Rules and involves providing the Customer with a dedicated panel within the Online Store, allowing the Customer to modify the data provided during registration and to track the status of orders and order history that has already been completed.
10. A registered Customer can request the deletion of their Customer account by the Seller, but if the Customer requests the deletion of the Customer account, it may be deleted within 14 days from the request submission.
11. The Seller is entitled to block access to the Customer account and free services if the Customer acts to the detriment of the Seller or other Customers, violates the law or the provisions of the Rules, and when blocking access to the Customer account and free services is justified by security reasons. - in particular: the Customer who breaches the security of the store's website or engages in other hacking activities. Blocking access to the Customer account and free services for the above reasons lasts for the time necessary to resolve the issue that is the basis for blocking access to the Customer account and free services.
X.
Personal Data Protection
1. All information provided by the Buyer during cooperation with the Seller is confidential and will be treated as such.
2. The rules for personal data protection are outlined in the privacy policy.
3. The Seller fulfills its information obligation towards the Buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR") related to the processing of the Buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiations on the purchase contract, and for the purposes of fulfilling the Seller's public law obligations through a separate document.
XI.
Other Rights and Obligations of the Contracting Parties
1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
2. The handling of consumer complaints is ensured by the Seller through the email address hennashop2023@gmail.com. The Seller sends information about the resolution of the Buyer's complaint to the Buyer's email address.
XII.
Final Provisions
1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller is only liable in the case of intentional harm and within the limits of the actual losses of the Client, who is an Entrepreneur.
2. The content of these Rules can be recorded by printing, saving to a medium, or downloading at any time from the store's website.
3. In the event of a dispute arising from the conclusion of a purchase contract, the parties will seek to resolve the matter amicably. The law applicable to the resolution of disputes arising from these rules is Czech law.
4. The Seller reserves the right to change these Rules. All orders accepted by the Seller for execution before the effective date of the new regulations are executed under the regulations valid on the date of the Customer's order. The change in the Rules takes effect within 7 days from the date of publication on the store's website. The Seller is obliged to inform the Customer 7 days before the effective date of the new Rules about changes to the Rules via email containing a link to the wording of the amended Rules. If the Client does not accept the new content of the Rules, they are obliged to notify the Seller of this fact, which leads to the termination of the contract.
Publication date 21.05.2024