Terms and Conditions

GENERAL TERMS AND CONDITIONS

EC Cosmetics Europe s.r.o., with its registered office: Medkova 886/1, 627 00 Brno, Company ID: 24838292

entered in the Commercial Register kept by the Regional Court in Brno under file no.: C 103705

EC COSMETICS is registered for saling products through e-shop located at URL address www.ec-cosmetics.com.

1. Introduction
   • These GENERAL TERMS AND CONDITIONS („GENERAL CONDITIONS“) EC Cosmetics Europe s.r.o., with its registered office: Medkova 886/1, 627 00 Brno, Company ID: 24838292 entered in the Commercial Register kept by the Regional Court in Brno under file no.: C 103705 (hereinafter referred to as the "seller”) regulate in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the online store of the seller. The internet shop is operated by the seller on a website located at the internet address (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
   • General conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts on their business or of their independent profession.
   • Establishing deviating from the general conditions can be agreed in the purchase contract. This establishing in the purchase contract take precedence over general conditions.
   • The provisions of the business conditions are an integral part of the purchase contract. The purchase agreement and the general conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.
   • The wording of the general conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations of the previous version of the general conditions.

2. User’s account
   • Based on the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account").
   • When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account when change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
   • Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
   • The buyer is not entitled give a permission to use his/her user account to third parties.
   • The seller is allowed to cancel the user account, especially if the buyer does not use her/his user account for more than a year, or if the buyer violates his obligations under the purchase agreement (including the geneneral conditions).
   • The buyer acknowledges that the user account may not be available continually, especially with regard to the necessary maintenance of the hardware and software.

3. The purchase Agreement concluding
   • All presentation of goods placed on the website has an informative character and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
   • The web interface of the store contains information about the goods, including the cost of returning the goods, if the goods cannot be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed on website. This provision does not limit the seller’s ability to conclude a purchase agreement under individually agreed conditions.
   • The web interface contains information about postage and packing. This information is valid only for delivering within the territory of the Czech Republic.
   • To order goods, the buyer fills in the order form on website. The order form contains in particular information about:
     • the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart),
     • the method of payment, information on delivery service,
     • information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
   • Before sending an electric order the buyer can control and change information s/he fill in. The order is sent after the buyer click on the button FINISH THE ORDER. Data in the order are considered by the seller as right. Immediately after receiving the order, the seller will confirm this receipt to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer’s e-mail address").
   • Depending on the nature of the order (quantity of goods, purchase price, estimated delivering costs), the seller is always entitled to ask the buyer for additional confirmation of the order (in writing or by telephone).
   • The contractual relationship between the seller and the buyer arises from the acceptance of the order, which is sent by the seller to the buyer’s email address.
   • The buyer agrees with using means of distance communication when concluding the purchase contract. The costs incurred by the buyer for using means of distance communication (costs of internet connection, costs of telephone calls) is payed by the buyer himself.

4. Goods price and payment conditions
   • The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay in the following ways:

• in cash at the seller’s office located at EC Cosmetics Europe, s.r.o., Medkova 886/1, 627 00 Brno-Slatina, 627 00, Czech Republic;
• in cash on delivery at the place specified by the buyer in the order;
• cashless bank transfer to the seller’s account No. 115-5287040247 / 0100, kept with Komerční banka. (hereinafter referred to as the "Seller’s Account");
• cashless payment card
  • Along with the purchase price, the buyer is obliged to pay the costs associated with postage and packing in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
  • The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the general conditions (see below) regarding the obligation to pay the purchase price of the goods in advance.
  • In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon takeover of the goods. In the case of non-cash payment, the purchase price is payable within three working days of concluding the purchase contract.
  • In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. The buyer’s obligation of paying the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
  • The seller is entitled to demand payment of the full purchase price before expeding the goods to the buyer.
  • Discounts cannot be combine.
  • The seller makes an invoice for the buyer. After the payment payment of the price of the goods an invoice is sent to the buyer. The seller is a payer of value added tax.
  • 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 revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

5. Withdrawal from the purchase contract
   • The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:

• if it has been modified according to the wishes of the buyer or for his person,
• if the goods are perishable, as well as goods which have been irretrievably mixed with other goods after delivery,
• if the goods are in a closed package which the consumer has removed from the package and for hygienic reasons cannot be returned,
• in the case of audio or video recordings or a computer program, if their original packaging has been broken.
  • If it is not a case referred to in Article 5.1 of the General Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods.

Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the email address info@ec-cosmetics.com. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller’s office.

• In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the General Conditions, the purchase contract is canceled from contract’s The goods must be returned to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
• In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the General Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
• If the goods is damaged the seller is entitled to unilaterally set off the right to compensation against the buyer's right to a refund of the purchase price.
• In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
• If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that - if the buyer withdraws from the purchase contract, the gift contract is canceled also and the buyer is obliged to return a gift.

6. Transportation and delivery of goods
   • The cost of postage and packaging is chosen by the buyer when ordering on the website. For purchases over CZK 2,000 (or over CZK 1,000 in the case of an event), the goods are delivered free of charge.
   • If the mode of transport is contracted by a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
   • If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
   • If it is necessary to deliver the goods to the buyer repeatedly or in a different way than s/he specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with another method of delivery.
   • Upon receipt of 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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the package, the buyer does not have to take over the package from the carrier.
   • Other rights and obligations of the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.

7. Rights of defective performance
   • The rights and obligations of defective performance are governed by the relevant generally binding regulations (in particular 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code).
   • The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

• the goods have the characteristics agreed upon by the parties and, in the absence of this agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by the seller,
• the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• the goods are in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.
  • The provisions set out in Article 7.2 of the General Conditions shall not apply
• to goods sold at a lower price for a defect for which a lower price has been agreed,
• to wear and tear of the goods caused by its normal use,
• to used goods for a defect corresponding to the degree of use or wear,
• if it follows from the nature of the goods.
  • If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
  • The rights of defective performance the buyer applies at the address of seller’s establishment, where is possible to accept the complaint with regard to the range of goods sold, or at the registered office or place of business.
  • Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8. Other rights and obligations of the contracting parties
   • The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   • The relationship between the seller and the buyer is modified by the CODE OF ETHIC of 1 January 2018.
   • The seller handles consumer complaints via the email address info@ec-cosmetics.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
   • The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/oder can be used to resolve disputes between the seller and the buyer under a purchase agreement.
   • European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
   • The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
   • The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

9. Protection of personal data
   • The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
   • The buyer agrees to the processing of the following personal data: name and surname, residential address, date of birth, identification number, or tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “personal data”) in accordance with the provisions of Act No. 101/2000 Coll.
   • The buyer agrees to the processing of personal data, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, s/he agrees to the processing of personal data also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in full according to this article is not a condition for concluding a purchase contract.
   • The buyer acknowledges that he is obliged to state his/her personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that s/he is obliged to inform the seller without undue delay of any change in his personal data.
   • The seller may authorize a third person to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties without the prior consent of the buyer.
   • Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
   • The buyer confirms that the personal data provided is accurate and that s/he was informed that this is a voluntary provision of personal data.
   • In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his/her personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if personal data are inaccurate with respect to for the purpose of their processing, s/he may:

• ask the seller or processor for an explanation,
• require the seller or processor to remedy the situation thus created.
  • If the buyer requests information about the processing of his/her personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

10. Sending business messages and storing cookies
    • The buyer agrees to the sending of information related to the goods, services or business to the electronic address of the buyer and further agrees to the sending of commercial communications to the electronic address of the buyer.
    • The buyer agrees to the storage of so-called cookies on his/her computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

11. Correspondence delivery
    • Notices concerning the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the relevant contact address and shall be deemed to have been received and effective upon delivery by post, except for notice of withdrawal by the buyer where withdrawal is effective if the notice is sent by the buyer within the withdrawal period.
    • A notice whose acceptance has been refused by the addressee, which has not been picked up during storage or which has been returned as undeliverable is also considered as delivered.
    • The contracting parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, resp. to the address listed on the seller's website.

12. Final Provisions
    • If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
    • If any provision of the General Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
    • The purchase contract, including general conditions, is archived by the seller in electronic form and is not accessible.
    • Seller's contact details: delivery address:

EC Cosmetics Europe s.r.o.,

Medkova 886/1,

Brno-Slatina 627 00,

e-mail address info@ec-cosmetics.com,

telephone +420 725 492 462.

Brno, 1 January 2018