Terms & Conditions

GENERAL TERMS AND CONDITIONS

These general terms and conditions ("Terms") of Petra Staňková, with registered office at Na Budínku 92, 66451 Kobylnice, Czech Republic, ID: 9228349, email info@hlavnestylove.cz, phone number +420739148262 ("We" or "Seller"), regulate, in accordance with § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or based on the purchase agreement ("Contract") concluded through the E-shop on the website www.hlavnestylove.cz.

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which you can find here.

The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are executed in the Czech language. We reserve the right to unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the Terms.

As you probably know, we primarily communicate remotely. Therefore, for our Contract, the means of distance communication are used, allowing us to agree without the simultaneous physical presence of us and you. The Contract is concluded remotely through the E-shop environment, via the interface of the website ("web interface of the E-shop").

If any part of the Terms contradicts what we have jointly approved during the process of your purchase on our E-shop, this specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS

1.1. Price is the financial amount you will pay for the Goods;

1.2. Shipping cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;

1.3. Total price is the sum of the Price and the Shipping cost;

1.4. VAT is the value-added tax according to applicable legal regulations;

1.5. Invoice is a tax document issued in accordance with the value-added tax law on the Total price;

1.6. Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with us;

1.7. User account is an account established based on the information provided by you, allowing the storage of entered data and keeping a history of ordered Goods and concluded Contracts;

1.8. You are a person making purchases on our E-shop, legally referred to as the buyer;

1.9. Goods are everything you can purchase on the E-shop.

2. GENERAL PROVISIONS AND INFORMATION

2.1 The purchase of Goods is possible only through the web interface of the E-shop.

2.2 When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. The information you have provided to us when ordering Goods will be considered correct and truthful.

2.3. On our E-shop, we also provide access to reviews of Goods conducted by other consumers. We ensure the authenticity of such reviews by linking them to specific orders. In our internal system, each review is connected to a unique order ID, allowing us to verify and demonstrate that the review comes from a real consumer.

3. CONTRACT CONCLUSION

3.1. The Contract with us can be concluded in the Czech and Slovak languages.

3.2. The Contract is concluded remotely through the E-shop, with the costs of using means of distance communication being borne by you. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access). No additional costs charged by us beyond the Total price should be expected. By submitting the Order, you agree that we use means of distance communication.

3.3. To conclude the Contract, you must create a proposal for the Order on the E-shop. This proposal must include the following information:

a) Information about the purchased Goods (you designate the Goods you are interested in purchasing on the E-shop by clicking the "Add to Cart" button);

b) Information about the Price, Shipping cost, payment method of the Total price, and the desired method of Goods delivery. These details will be entered as part of creating the Order proposal within the E-shop user interface. The information about the Price, Shipping cost, and Total price will be automatically provided based on the Goods you selected and the chosen delivery method;

c) Your identification and contact details for the delivery of Goods, including your name, surname, delivery address, telephone number, and email address.

3.4. During the creation of the Order proposal, you can change and check the data until its completion. After checking by pressing the "Order with payment obligation" button, you will create the order. However, before pressing the button, you must confirm your familiarity and agreement with these Terms; otherwise, it will not be possible to create the Order. The button "Order with payment obligation" serves to confirm and agree. After pressing the "Order with payment obligation" button, all entered information will be sent directly to us.

3.5. We will confirm your Order as soon as possible after receiving it by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. The confirmation of the Order from our side results in the conclusion of the Contract between us and you. The Terms effective on the date of the Order form an integral part of the Contract.

3.6. There may be cases where we cannot confirm your Order. This particularly applies to situations where the Goods are not available, or you order a larger quantity of Goods than allowed by us. However, information about the maximum quantity of Goods will always be provided in advance within the E-shop and should not be surprising for you. If any reason prevents us from confirming the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. The Contract is concluded in such a case when you confirm our offer.

3.7. In case an obviously incorrect Price is indicated on the E-shop or in the Order proposal, we are not obligated to deliver the Goods to you at this Price, even if you have received an Order confirmation, and thus the Contract has been concluded. In such a situation, we will promptly contact you and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is concluded in such a case when you confirm our offer. If you do not confirm our offer within 3 days from its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price from other sellers or a digit is missing or surplus.

3.8. Upon the conclusion of the Contract, you are obligated to pay the Total price.

3.9. If you have created a User account, you can place an Order through it. In this case, you still have an obligation to check the accuracy, truthfulness, and completeness of pre-filled data. However, the method of creating the Order is identical to that for a buyer without a User account, but the advantage is that you do not need to repeatedly enter your identification details.

3.10. In some cases, we allow you to use a discount for the purchase of Goods. To provide the discount, you must fill in information about the discount within the Order proposal in a designated field. If you do so, the Goods will be provided to you with a discount.

4. USER ACCOUNT

4.1. Upon your registration within the E-shop, you can access your User account.

4.2. When registering a User account, it is your obligation to provide all required information correctly and truthfully and to update it in case of any changes.

4.3. Access to the User account is secured by a username and password. It is your obligation to maintain confidentiality regarding these access details and not to disclose them to anyone. We do not bear any responsibility for their misuse.

4.4. The User account is personal, and you are not authorized to allow its use by third parties.

4.5. We may terminate your User account, especially if you have not used it for more than 10 years or if you violate your obligations under the Contract.

4.6. The User account may not be available continuously, especially considering the necessary maintenance of hardware and software equipment.

5. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

5.1. The price is always stated within the E-shop, in the Order proposal, and, of course, in the Contract. In case of a discrepancy between the price stated for the Goods within the E-shop and the price stated in the Order proposal, the price in the Order proposal will prevail, which will always be identical to the price in the Contract. The Order proposal also specifies the Delivery cost and conditions under which the delivery is free.

5.2. The total price is stated, including VAT and all fees required by law.

5.3. We will request payment of the total price from you after the Contract is concluded and before the Goods are handed over. You can make the payment in the following ways:

a) Bank transfer. Payment details will be provided in the Order confirmation.

b) In the case of bank transfer payment, the total price is due within 5 days.

c) Online card payment, Google Pay, Apple Pay, Online bank transfer. In this case, the payment is processed through the Comgate payment gateway, and the payment is subject to the conditions of this gateway, available at: https://www.comgate.cz/cz/platebni-brana

ComGate Payments, a.s. Gočárova třída 1754 / 48b, Hradec Králové Email: platby-podpora@comgate.cz Tel: +420 228 224 267

d) In the case of online card payment, the total price is due within 30 minutes.

5.4. An invoice will be issued in electronic form after the total price is settled and will be sent to your email address. The invoice will also be available in the User account.

5.5. Ownership of the Goods passes to you only after you have paid the total price and received the Goods. In the case of a bank transfer payment, the total price is considered paid upon receipt to our account; in other cases, it is considered paid at the time of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

6.1. The Goods will be delivered to you by the method of your choice, and you can choose from the following options:

a) Personal pickup at Zásilkovna, DPD Pickup points

b) Delivery through courier services Zásilkovna, DPD

6.2. The Goods can be delivered within the Czech and Slovak Republics.

6.3. The delivery time of the Goods depends on its availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pickup at the branch, you will always be informed via email about the possibility of picking up the Goods.

6.4. Upon receipt of the Goods from the carrier, it is your obligation to check the integrity of the Goods' packaging, and in case of any defects, report it immediately to the carrier and us. In case of any damage to the packaging indicating unauthorized handling and entry into the shipment, it is not your obligation to accept the Goods from the carrier.

6.5. In the event of your failure to fulfill your obligation to accept the Goods, except in cases under Article 4 of the Terms, it does not constitute a breach of our obligation to deliver the Goods to you. However, if you fail to accept the Goods, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal becomes effective on the day we notify you of this withdrawal. Withdrawal from the Contract does not affect the right to payment of the Delivery cost or the right to compensation for damages if incurred.

6.6. If, due to reasons on your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation to compensate us for the costs associated with such repeated delivery. Payment details for settling these costs will be sent to your email address specified in the Contract and are due 14 days from the email delivery date.

6.7. The risk of damage to the Goods passes to you at the moment you take possession of it. If you fail to take possession of the Goods, except in cases under Article 4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take possession of it but did not do so for reasons on your side. The transfer of the risk of damage to the Goods means that from this moment, you bear all consequences related to the loss, destruction, damage, or any depreciation of the Goods.

6.8. If the Goods were not listed as in stock in the E-shop, and an approximate availability time was specified, you will always be informed in the event of:

a) Extraordinary production outage of the Goods, where we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;

b) Delay in delivering the Goods from our supplier, where we will always inform you of the new expected delivery time.

6.9. If we are unable to deliver the Goods to you within 30 days from the expiration of the delivery time specified in the Order confirmation, for any reason, both we and you are entitled to withdraw from the Contract.

7. DEFECTIVE PERFORMANCE RIGHTS

7.1. We guarantee that at the time the risk of damage to the Goods passes under Article 7 of the Terms, the Goods are free from defects, particularly that:

a) It has the properties we agreed upon with you, and if not explicitly agreed, it has the properties described in the Goods' description, or properties that can be expected given the nature of the Goods;

b) It is suitable for the purposes we specified or for purposes that are usual for Goods of this type;

c) It corresponds to the agreed quality or performance according to the agreed sample if the quality or performance is determined by a sample;

d) It is in the appropriate quantity and weight;

e) It meets the legal requirements;

f) It is not encumbered by the rights of third parties.

7.2. Rights and obligations regarding defective performance are governed by the relevant mandatory legal regulations (especially provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.3. In case the Goods have a defect, especially if any of the conditions under Article 1 are not met, you can notify us of such defect and assert your rights from defective performance (i.e., file a complaint) by sending an email or letter to our addresses specified in our identification data. You can also use the sample form provided by us, which constitutes Appendix No. 1 of the Terms, for the complaint. When asserting the right to defective performance, you must choose how you want the defect to be resolved, and you cannot change this choice without our consent. We will handle the complaint in accordance with your asserted right to defective performance.

7.4. If the Goods have a defect, you have the following rights:

a) To have the defect rectified by delivering new defect-free Goods or delivering the missing part of the Goods; or

b) To have the defect rectified by repairing the Goods,

unless the chosen method of defect rectification is impossible or disproportionately costly compared to another method, especially considering the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be rectified by another method without significant difficulties for you.

7.5. We are entitled to refuse to rectify the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value that the Goods would have without the defect.

7.6. Furthermore, you have the right to:

a) A reasonable discount from the Price; or

b) Withdrawal from the Contract,

if:

a) We refuse to rectify the defect or do not rectify it in accordance with legal regulations;

b) The defect reoccurs,

c) The defect constitutes a material breach of the Contract; or

d) It is apparent from our statement or circumstances that the defect will not be rectified within a reasonable time or without significant difficulties for you.

7.7. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.

7.8. If you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.

7.9. Wear and tear of the Goods caused by its normal use or wear corresponding to the extent of its previous use for used Goods is not considered a defect.

7.10. When filing a complaint, we will issue a written confirmation to you, including:

a) The date when you filed the complaint;

b) The content of the complaint;

c) The method of handling the complaint you requested;

d) Your contact details for providing information about handling the complaint.

7.11. If we do not agree on a longer period, we will rectify the defects within 30 days from receiving the complaint and provide you with information on the handling of the complaint to the specified contact details. If this period expires in vain, you can withdraw from the Contract or request a reasonable discount.

7.12. We will inform you by email about the handling of the complaint and issue a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of the reasonably incurred costs. You are obliged to prove these costs, e.g., with receipts or price confirmation for transport. If the defect is rectified by delivering new Goods, it is your obligation to return the original Goods to us, but we cover the costs of this return.

7.13. If you are a business entity, it is your obligation to report and object to the defect without undue delay after you could have detected it, but no later than within three days from the acceptance of the Goods.

7.14. If you are a consumer, you have the right to assert your rights from defective performance for a defect that occurs in consumer Goods within 24 months from the Goods' acceptance.

8. WITHDRAWAL FROM THE CONTRACT