Terms and conditions

TERMS AND CONDITIONS

of the commercial company

GlobeTech Innovation spol. s.r.o.

with registered office Kořenského 1107/15, 150 00 Prague 5
identification number: 03586570
registered in the Commercial Register kept in Prague, section C, insertion sheet 234372

for the online sale of goods at the Internet address www.mujsain.cz.

 

1. INTRODUCTORY PROVISIONS
   1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of GlobeTech Innovation s.r.o., with its registered office at Kořenského 1107/15, 150 00 Prague 5, identification number: 03586570, registered in the Commercial Register kept in Prague, Section C, insertion sheet 234372 (hereinafter referred to as the "Seller") shall govern, in accordance with the provision of Section 1751 par. 1 of Act No. 89/2012 Coll, Civil Code (hereinafter only "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase agreement concluded between the Seller and another natural person (hereinafter only "Buyer") in the Internet store of the Seller. The Internet store is operated by the Seller on a website at the Internet address www.mujsain.cz (hereinafter only the "Website") by means of the interface of the Website (hereinafter only the "Web Interface of the Shop").

1.2 The Terms and Conditions do not apply to cases when the person wishing to purchase goods from the Seller is a legal entity or a person acting within the scope of his business activity or self-employment when ordering the goods.

1.3 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Any deviating agreements stated in the Purchase Contract shall take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the Terms and Conditions shall be an inseparable part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions shall be drawn up in the English language. The Purchase Contract may be concluded in the English language.

1.5 The version of the Terms and Conditions may be amended or supplemented by the Seller. These provisions shall not affect the rights and obligations that arose during the effectiveness of the previous version of the Terms and Conditions.

 

2. USER ACCOUNT
   2.1 Based on the Buyer's registration on the Website, the Buyer may log in to its User Interface. Through the User Interface the Buyer can order Goods (hereinafter referred to as "User Account"). If the web interface of the store allows it, the Buyer can order goods directly on the web interface of the store even without registration.

2.2 When registering on the Website and ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer must update the information provided in the User Account if it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3 Access to the user account is protected by a user name and password. The Buyer is obliged to keep the access data to his user account secret.

2.4 The Buyer is not entitled to give third parties access to his user account.

2.5 The seller can delete the user account, especially if the buyer has not used his user account for more than 5 years, or if the buyer violates the obligations arising from the purchase contract (including the terms and conditions).

2.6 The Buyer acknowledges that the User Account may not be accessible continuously, especially taking into account the necessary maintenance of the Seller's hardware and software, possibly due to the maintenance of third party hardware or software.

 

3. CONCLUSION OF THE PURCHASE CONTRACT
   3.1 The entire presentation of goods placed on the Website is of informative character only, and the Seller is not obliged to conclude a purchase contract for these goods. The provision of § 1732 paragraph 2 of the Civil Code does not apply.

3.2 The website of the store contains information about goods, including prices for individual goods and costs for returning the goods, if these goods cannot be returned by normal mail due to their nature. Prices of goods are inclusive of VAT and all related fees. The prices of goods are valid as long as they are displayed on the website of the store.  This provision does not limit the possibility of the Seller to conclude a purchase agreement under individually agreed conditions.

3.3 The website of the store also contains information about packaging and delivery costs. The information on the website of the store about the costs of packaging and delivery of the goods is valid only if the goods are delivered within the Czech Republic and Slovakia.

3.4 To order goods, the Buyer fills in the order form on the website of the Shop. The order form contains in particular information about:

3.4.1. the ordered goods (the Buyer "puts" the ordered goods into the electronic shopping cart on the website of the Store),

3.4.2. the method of payment of the purchase price of the goods, information on the desired method of delivery of the ordered goods, and

3.4.3. information about the costs related to the delivery of the goods (hereinafter together only "Order").

3.5 Before the order is sent to the Seller, the Buyer is given the opportunity to check and change the data that the Buyer has entered in the order, including errors that occurred when entering the data in the order. The Buyer sends the order to the Seller by clicking the "" button. The data entered in the order are considered correct by the Seller. The Seller confirms the order to the Buyer immediately upon receipt of the order by sending an electronic mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's electronic address").

3.6 The Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone), depending on the nature of the order (quantity of goods, amount of the purchase price, expected delivery costs).

3.7 The purchase agreement is concluded by the delivery of the order confirmation (acceptance) sent to the Buyer by the Seller by electronic mail to the electronic address of the Buyer.

3.8 The Buyer agrees to the use of means of remote communication for the conclusion of the purchase contract. The costs of the Buyer for the use of the means of remote communication in connection with the conclusion of the Purchase Contract (costs of the Internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs do not differ from the normal rates.

 

4. PRICE OF GOODS AND TERMS OF PAYMENT
   4.1 The Buyer may pay the Seller the price of the Goods and any costs of delivery of the Goods under the Purchase Contract in one of the following ways:

cash on delivery at the place indicated by the Buyer in the order;

cashless by bank transfer to the bank account with Česka spořitelna a.s. with the number 8344692/0800 (hereinafter only the "Seller's Account") in the currency CZK;

4.2 The Buyer is obliged to pay the Seller together with the purchase price also the costs of packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs related to the delivery of the goods.

4.3 The Seller does not require the Buyer to make any down payment or any other similar payment. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price for the Goods in advance.

4.4 In case of payment in cash or cash on delivery, the purchase price is due at the moment of taking over the goods. In case of payment by bank transfer, the purchase price shall be due within 14 days after the conclusion of the purchase agreement in accordance with Article 3.7. of these Terms and Conditions.

4.5 In case of cashless payment, the Buyer is obliged to indicate the variable symbol of the payment when paying the purchase price for the goods. In case of a cashless payment, the Buyer's obligation to pay the purchase price is fulfilled by crediting the corresponding amount to the Seller's account.

4.6 The Seller shall be entitled to demand payment of the entire purchase price prior to dispatch of the goods to the Buyer, in particular in the event that no additional confirmation of the order is provided by the Buyer (Article 3.6). The provision of Article 2119 par. 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 transactions or if it is determined by the generally applicable legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer for the payments made on the basis of the purchase contract. The Seller is registered for VAT. The tax document - invoice - is issued by the Seller to the Buyer after payment of the price of the goods and is sent in electronic form to the electronic address of the Buyer.

 

5. WITHDRAWAL FROM THE CONTRACT
   5.1 The Buyer acknowledges that in accordance with the provision of § 1837, Civil Code, among others, he cannot withdraw from a purchase contract for the delivery of goods modified according to the wishes of the Customer or for his person, furthermore he cannot withdraw from a purchase contract for the delivery of goods subject to rapid deterioration or goods irrevocably mixed with other goods after delivery. He also cannot withdraw from a purchase agreement on the delivery of goods which the Buyer had taken out of the packaging and which cannot be returned for hygienic reasons.

5.2 If there is no case specified in Article 5.1 of the Terms and Conditions or no other case in which it is not possible to withdraw from the Purchase Contract, the Buyer shall have the right to withdraw from the Purchase Contract in accordance with the provision of Section 1829, paragraph 1 of the Civil Code within fourteen (14) days from the day of taking over the goods, and this period shall start to run from the day of taking over the last delivery of goods in case of partial deliveries. Withdrawal from the Purchase Contract must be notified to the Seller within the period specified in the previous sentence. To withdraw from the purchase agreement, the Buyer may use the form provided by the Seller, which is an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract to the address of the Seller's premises or to the Seller's electronic mail address, among others.

5.3 In case of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be terminated from the beginning. The goods must be sent or handed over to the Seller without unnecessary delay, at the latest within fourteen (14) days from the date of withdrawal from the contract. If the Buyer withdraws from the purchase contract, the Buyer shall bear the costs related to the return of the goods to the Seller. This also applies in the event that the goods cannot be returned by normal mail due to their nature.

5.4 In case of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the financial means received from the Buyer to the Buyer without unnecessary delay, at the latest within fourteen (14) days from the date of withdrawal from the Purchase Contract, in the same manner as the Seller had received them from the Buyer. The Seller shall also be entitled to return the funds to the Buyer already at the time of return of the goods or in any other way, if the Buyer agrees to this and the Buyer does not incur any further costs as a result. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds to the Buyer before the Buyer returns the goods to the Seller or proves that the Buyer has sent the goods to the Seller.

5.5 The Buyer acknowledges that if the goods returned to the Seller are damaged, worn out or partially consumed, the Buyer shall be entitled to claim compensation from the Seller for the damage caused thereby. The Seller may unilaterally offset the claim for the damage incurred to the goods against the Buyer's claim for reimbursement of the purchase price.

5.6 In cases where the Buyer has the right to withdraw from the purchase agreement in accordance with the provision of § 2001 in connection with the provision of § 1829 par. 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase agreement at any time. This shall apply until the moment of taking over the goods by the Buyer. In such a case, the Seller shall refund the purchase price to the Buyer without unnecessary delay by transfer to the Buyer's account.

5.7 If a gift is delivered to the Buyer together with the goods, a gift contract is concluded between the Seller and the Buyer with a resolutive condition that if the Buyer withdraws from the purchase contract, the gift contract for such gift becomes ineffective and the Buyer is obliged to return the gift together with the goods to the Seller.

 

6. TRANSPORTATION AND DELIVERY OF THE GOODS
   6.1 If the method of delivery is based on a special request of the Buyer, the Buyer shall bear the risk and any additional costs related to this method of transport.

6.2 If according to the purchase contract the Seller is obliged to deliver the goods to the place indicated by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.

6.3 If due to reasons on the part of the Buyer the goods have to be delivered repeatedly or in a different way than specified in the order, the Buyer is obliged to bear the costs related to the repeated delivery of the goods or the costs for the different way of delivery.

6.4 When taking over the goods from the delivery service, the Buyer is obliged to check in his own interest that the packaging and the goods are not damaged. If he finds any damage, he shall immediately report it to the delivery service. In case of damage indicating that someone opened the shipment without authorization, the buyer does not have to accept the shipment from the delivery service. In the case of any defect or damage, the Buyer must state "with reservation" in the delivery bill of the deliverer. This shall not affect the Buyer's rights based on defective performance and the Buyer's other rights arising from generally binding legal regulations.

6.5 Other rights and obligations of the contracting parties in case of delivery of the goods may be regulated by the special delivery conditions of the Seller, if such have been determined by the Seller.

 

 

7. RIGHTS DUE TO DEFECTIVE PERFORMANCE
   7.1 The rights and obligations of the contracting parties regarding the rights due to defective performance shall be governed by the relevant generally binding legal regulations (in particular by the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The Seller shall be liable to the Buyer for the fact that the goods do not have any defects at the time of acceptance. In particular, the Seller shall be liable to the Buyer at the time of taking over the goods by the Buyer for the fact that:

7.2.1. the goods have those characteristics which the contracting parties had agreed upon and, in the absence of an agreement, that they have such characteristics which the Seller or the manufacturer had described or which the Buyer had expected, taking into account the character of the goods and on the basis of the advertising made for them,

7.2.2. the goods are suitable for the purpose indicated by the Seller or for which goods of this type are normally used,

7.2.3. the goods correspond to the quality or design of the contract sample or template, if the quality or design has been determined in accordance with a contract sample or template,

7.2.4. the goods are delivered in the appropriate quantity, volume or weight; and

7.2.5. that the goods comply with the requirements of the legislation.

If a defect appears within six months from the date of takeover, it shall be assumed that the goods were already defective at the time of takeover.

7.3. the Buyer is entitled to assert his right on the grounds of a defect occurring in goods within twenty-four months from the date of delivery.

7.4 The provision stated in Article 7.3 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect, to wear and tear on the goods due to normal use, to used goods for defects that correspond to normal wear and tear, or to defects that the goods already had when the Buyer took them over, or if this results from the character of the goods. The Buyer shall not be entitled to the right based on defective performance if the Buyer knew before taking over the goods that the goods had a defect or if the Buyer caused the defect himself. 75.

The Buyer shall assert the rights based on defective performance with the Seller at the address of its premises at Čím 97, 26203 Nový Knín. The Buyer may use the model form provided by the Seller, which is an appendix to the Terms and Conditions, to assert the rights based on defective performance. 76.

 

If the defective performance constitutes a material breach of the Contract, the Buyer shall have the right to remedy the defect by delivery of new goods free of defects or by delivery of the missing goods; to remedy the defect by repair; to a reasonable reduction of the purchase price; or to withdraw from the Contract.

7.7 The Buyer shall notify the Seller of its decision at the time of reporting the defect or without undue delay after reporting the defect. The Buyer may not change this decision without the Seller's consent; this does not apply if the Buyer has requested repair of the defect that proves to be irreparable. If the Seller fails to repair the defects within a reasonable period of time or notifies the Buyer that it will not repair the defects, the Buyer may demand a reasonable reduction of the purchase price or withdraw from the contract instead of repairing the defect.

7.7 If the Buyer does not choose his right in time, the Buyer has the following rights:

7.7.1 If the defective performance is an insignificant breach of the Contract, the Buyer shall have the right to have the defect removed or to receive a reasonable reduction of the purchase price.

7.7.2 As long as the Buyer does not exercise its right to a reduction of the purchase price or does not withdraw from the contract, the Seller may deliver what is missing or eliminate the legal defect. Other defects may be remedied by the Seller, at its option, by repair or delivery of new goods; the choice shall not cause unreasonable costs to the Buyer.

7.7.3 If the Seller fails to remedy the defect in a timely manner or refuses to remedy the defect, the Buyer may demand a reduction of the purchase price or withdraw from the contract. The Buyer may not change the choice made without the Seller's consent.

7.8 If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also demand delivery of new goods free of defects, if this is not unreasonable in view of the character of the defect; however, if the defect concerns only a part of the goods, the Buyer may only demand exchange of this part; if this is not possible, the Buyer may withdraw from the contract. However, if this is unreasonable in view of the character of the defect, in particular if the defect can be remedied without undue delay, the Buyer shall be entitled to have the defect remedied free of charge.

7.9 The Buyer shall have the right to delivery of new goods or replacement of a part in case of a defect that cannot be removed, if the Buyer cannot use the goods properly due to a repeated defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the contract.

7.10. If the Buyer does not withdraw from the contract or does not exercise his right to delivery of new defect-free goods, exchange of parts or repair of the goods, he may demand a reasonable reduction. The Buyer shall also be entitled to a reasonable discount if the Seller is unable to deliver new goods free of defects, to deliver new parts or to repair the goods, or if the Seller fails to remedy the defect within a reasonable period of time or if remedying the defect would cause fundamental difficulties to the Buyer.

7.11. If the defect can be remedied, the Buyer may demand either repair or completion of the missing parts or a reasonable reduction of the purchase price. If the defect cannot be removed and therefore the item cannot be used properly, the Buyer may either withdraw from the contract or demand a reasonable reduction of the purchase price. In this case, the Buyer shall also be entitled to compensation for expenses incurred in asserting this right. The right to compensation must be asserted within one month after the expiry of the period within which the defect must be complained about.

7.12. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaint Regulations.

 

8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
   8.1 The Buyer acquires the title to the Goods by paying the full purchase price of the Goods.

8.2 The Seller shall not be bound by any code of conduct within the meaning of the provision of § 1826 par. 1 letter e) of the Civil Code towards the Buyer.

8.3 The Czech Chamber of Commerce, with its registered office in Štěpánská 567/15, 120 00 Prague 2, IdNo: 000 20 869, Web: http://www.coi.cz, shall be responsible for out-of-court settlements of consumer disputes arising from the Purchase Contract.

8.4 The Seller is entitled to sell goods on the basis of a trade license. The trade is controlled by the competent Trade Licensing Office. The area of data protection is supervised by the Data Protection Office. The Czech Chamber of Commerce supervises, among others, to a certain extent the compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

 

9. THE PROTECTION OF PERSONAL DATA
   9.1 The Seller shall fulfill its obligation to inform the Buyer within the meaning of Article 13 of the Regulation of the European Parliament and of the Council 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ES (General Data Protection Regulation) (hereinafter referred to as "GDPR") in connection with the processing of the Buyer's personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations on the Purchase Agreement and for the purposes of the performance of the Seller's obligations under public law by means of a special document.

 

10. SENDING OF BUSINESS COMMUNICATIONS AND STORAGE OF COOKIES
    10.1 The Buyer agrees to the sending of information related to goods, services or the Seller's company to the Buyer's electronic address in accordance with the provisions of Section 7 (2) of Act No. 480/2004 Coll. on Certain Information Society Services and on Amendments to Certain Acts, as amended, and also agrees to the sending of business communications from the Seller to the Buyer's electronic address. The Seller shall fulfill its obligation to inform the Buyer in accordance with Article 13 of the GDPR in connection with the processing of the Buyer's personal data for the purpose of sending business communications by means of a special document.

10.2 The Buyer agrees to the storage of so-called cookies on his computer. In the event that a purchase on the Website is possible and the Seller's obligations arising from the purchase agreement can be fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may revoke the consent pursuant to the previous sentence at any time.

 

11. DELIVERY
    11.1 Delivery can be made to the electronic address of the Buyer.

 

12. FINAL PROVISIONS
    12.1 In the event that the relationship under the purchase contract contains an international (foreign) element, the contracting parties agree that this relationship shall be governed by Czech law. This shall not affect the rights of the Consumer arising from the generally binding legal regulations.

12.2 If any of the provisions of the Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by such provisions whose meaning comes closest to the invalid provisions. An individual invalid or ineffective provision shall not affect the remaining provisions.

12.3 The Purchase Contract and the Terms and Conditions shall be archived by the Seller in electronic form and shall not be accessible.

12.4 The annex to the Terms and Conditions is the model form for withdrawal from the Purchase Contract and the form for making a claim.

12.5. contact details of the Seller: delivery address Čím 97, 26203 Nový Knín, address for electronic mail lachevre@lkosmetikacapri.cz, telephone 318543667.

 

Prague,
01.04. 2024                                                                                                                                  

GlobeTech Innovation, s.r.o.