General Terms and Conditions of sale by Roztomýdlo
I. The scope of the General Terms and Conditions
I.1. The present terms and conditions lay out the details of the contractual relationship between Roztomýdlo Judit Fülöp IČO: 09811966, DIČ: CZ7654071964 (hereafter: Seller) and the person who purchases cosmetic products from Roztomýdlo. once or repeatedly (hereafter: Buyer) [covered person]. The terms and conditions apply to the purchase of cosmetic product(s) manufactured by Roztomýdlo in the Czech Republic.
I.2. The General Terms and Conditions enters into force on the 01. July 2019 for an open-ended period. It applies to the Contracting Parties on the above effective date and on the dates of any transactions thereafter.
II. Interpretative Provisions
II.1. Except as otherwise provided in this General Terms and Conditions the following definitions shall apply:
Individual Purchase Contract (effective purchase): a contract made between the Seller and the Buyer by means of a finalised purchase order, whereby the Seller sends a written order confirmation to the Buyer. The Purchase Contract is agreed to and conducted in English. The Purchase Contract constitutes a written contractual agreement and the effective General Terms and Conditions shall form an integral part thereof.
Seller: Roztomýdlo Judit Fülöp (address: Rostoklaty 80, 28171, Rostoklaty, Czech Republic; company registration number: 09811966; tax number: CZ7654071964; responsible officer: Judit Fülöp);
ROZTOMÝDLO website: the website under the domain www.roztomydlo.cz, operated by the Seller;
Contracting Parties: the term refers to the Seller and the person who enters the purchase transaction as Buyer.
Service: (i) the transfer of ownership from Seller to Buyer of a Product currently displayed and marketed on the Seller’s website in return of the payment of the full Purchase Price of the Product by the Buyer; (ii) packaging and delivery of the Product;
Product: an item that is produced by the Seller and displayed on the ROZTOMÝDLO website along with an offer to sell;
Price: the value of the Service provided by the Seller in line with the contract created by the purchase transaction;
Web Office: a platform on the ROZTOMÝDLO website where the data on the Buyer’s delivery address, order history, customer loyalty discounts and special offers, are stored.
III. Other conditions
III.1. Except if otherwise stipulated by the General Terms and Conditions or the Purchase Contract, any deadline agreed upon by the Seller and the Buyer is counted in calendar days. The expiry date of any given deadline may fall on any business day, a day of the weekend or bank holiday.
III.2. The Contracting Parties make their declarations with legal effect (e.g. cancellation of contract, etc.) to the Seller’s address or to the Buyer’s contact address (as specified during the purchase process and provided as part of the delivery details). Any declaration sent to any address(es) other than the address(es) described above will not be regarded as a valid declaration with legal effect.
III.3. By accepting the General Terms and Conditions the Buyer agrees that they cannot make legally effective changes to their details related to a given Purchase after they have entered into a Purchase Contract on the same Purchase. Any damage or extra cost that stems from the breach of this clause is to be repaired or paid for by the Buyer. The Seller has a duty to inform about the change of the data specified under II.1 (b) only. The Seller honours this obligation by amending the General Terms and Conditions accordingly.
III.4. Any declaration sent by mail (tracked delivery) to the Buyer is to be regarded as duly delivered (a) on the 5th (fifth) day after postage (declarations sent within Czech Republic), (b) on the 10th (tenth) day after postage (declaration sent to any other European country), (c) on the 20th (twentieth) day after postage (declarations sent to countries outside Europe) – (presumption of delivery). The correctness of an address is to be judged upon the basis of provisions III.2.-III.3. The Seller does not take any responsibility for damages (or other disadvantage) that may occur as a result of the presumption of delivery.
III.5. As part of its loss prevention and damage control obligation, the Buyer informs the Seller without delay if any notification or declaration expected from the Seller has not arrived was delayed.
III.6. For the settlement of any legal dispute over points not covered in the Purchase Contract or the General Terms and Conditions, as well as for the settlement of disputes over the law of contracts, the provisions of Czech law shall apply – with special regard to Act V of 2013 on the Civil Code. The Contracting Parties also agree that if the General Terms and Conditions are agreed to in a language other than Czech, they shall abide by the Czech version so as to avoid or solve linguistic differences. [Choice of law rules]
III.6. The Contracting Parties agree that they prefer to settle any dispute regarding the Purchase Contract (including the General Terms and Conditions) through non-judicial channels – and therefore they have a duty to engage with each other in case of a legal dispute. Should that dialogue fail to bring results, the Contracting Parties accept Czech Republic’s exclusive jurisdiction – unless the dispute concerns provisions of consumer protection law. [Forum selection clause]
IV. Process of Conclusion of the Agreement, the format and contents of the Purchase Contract
Access to the Seller’s services
IV.1. The Buyer accesses the information related to the services supplied by the Seller on the www.ROZTOMYDLO.cz website. The Buyer has the option to register on the ROZTOMÝDLO website with their personal user name and password. The registration is done on a voluntary basis. If the Buyer does not complete the initial registration, the Seller will use the data provided by the Buyer (in connection with the product delivery) to automatically register the Buyer upon the first purchase the Buyer makes. The Seller sends a notification of this registration to the Buyer via e-mail. Following the voluntary initial or automatic registration, the Buyer can enter their customized (i.e. complete with a dedicated Web Office, with the Buyer’s personal data, etc.) online user platform on the ROZTOMÝDLO website by clicking on the ‘Login’ button in the ‘Login’ section of the ROZTOMÝDLO homepage, using their personal username and password.
IV.2. The Buyer accepts and irrevocably agrees that they cannot use any of the Seller’s services (or related website functions) without successfully completing the initial registration on the website.
IV.3. The Seller reserves the right to terminate without prior notice any user platform that is used for abusive practices on the grounds that the Seller has no obligation to provide its services to a Buyer engaging in such activities (related either to the purchase of products or to the claiming of product guarantee) – but in case of such termination the Seller has an obligation to refund the Buyer the Price of the product(s). Before a refund, the amount of the Price shall be reduced with costs incurred by the Seller and paid back to the Buyer, without default interest. The Seller will not be liable for damage if it terminates a user platform on the grounds of platform abuse. It is the exclusive right of the Seller to establish whether the Buyer has abused their rights.
IV.4. The Seller assumes no responsibility for any direct or indirect damage that may result from the use of the ROZTOMÝDLO website – any tip, idea or suggestion published on the website may be used at the user’s own risk. The Seller does not take any responsibility for damages or disadvantages that may result from the Buyer’s forgetting or losing their login details (e.g. lost customer loyalty discounts). If the access to the Seller’s services is blocked or lost for reasons that occur on the Buyer’s side, the Seller has no obligation to provide the Buyer with a new user platform, username and/or password. Furthermore, the Seller cannot be held responsible for damages, losses or costs caused by the failure or systemic error of the ROZTOMÝDLO website or on the website of the financial institution that processes the payment. Equally, the Seller bears no responsibility for incidents where data is unlawfully changed by third parties on the ROZTOMÝDLO website or on the website of the financial institution processing the payment. The Seller cannot be held responsible for damages and losses that may be caused by data processing delays, computer viruses, or line-/ system failure.
IV.5. On the Buyer’s side, the spotting and correction of data input errors is possible by using the dedicated functions of user platform.
IV.6. The Buyer can choose the products using the menu that runs on the top of the user platform. Only the products displayed in the menu system are offered for sale by the Seller. The Buyer accepts that the prices displayed in the menu are not the same as the Purchase Price – they are only a part thereof. The Seller reserves the right to change the Purchase Price of products while accepting that it has no right to change the Purchase Price of a product after the purchase has been confirmed by the Buyer – if that change would entail an extra cost or disadvantage for the Buyer. The Seller is protected against the extra costs and losses of any order change or system failure that occur as a result of a communication error. The Seller has the right to cancel or change orders that are due to such error(s).
The Purchase (ordering products)
IV.7. On the user platform, the Buyer collects their chosen products in a single unit (the so-called ‘Basket’) which contains one or several product(s). The Buyer may change the contents of the Basket freely until the finalization of the order. The Buyer has no obligation to pay until the finalization of the order which creates a contractual agreement. The Buyer can claim the discounts for their ROZTOMÝDLO Club points latest at the stage of placing items into their basket. The rules of discounts and the claiming of discounts can be read under ‘ROZTOMÝDLO Club Customer Loyalty Scheme’ in the Frequently Asked Questions (FAQ) section of the ROZTOMÝDLO website.
IV.8. If the Buyer does not want to make any more changes to the products (or the product mix) contained in their basket, they can place (finalise) the order by first clicking on the ‘Proceed to checkout’ button, then giving (choosing) the delivery address, payment option, type of preferred delivery and by typing a message into the message field (optional). Then, the Buyer continues the ordering process by specifying the delivery and billing address, entering discount voucher codes and declared that it does consider itself as bound by the General Terms and Conditions.
IV.9. Following the checking of the data, the Buyer places the order by clicking on the icon that says ‘Finalise order’. By doing so, the Buyer consents to the purchase-related data to be processed by the system of the Seller and the Buyer also declares that they have read the entire General Terms and Conditions in force and accepted to be bound by them.
IV. 10. The Seller confirms the successful purchase first by registering it on the user’s platform and by sending a confirmation e-mail to the Buyer. The confirmation of a purchase does not impede the Seller from the denial of service in cases referenced under clause IV.3.
IV.11. The Purchase Contract [II.1. (a)] between the Seller and the Buyer is created with the Seller’s confirmation of the purchase; the contract is effective until the Buyer collects the Product(s) – but for a maximum of 30 (thirty) days. By entering into the Purchase Contract, the Buyer explicitly agrees that the finalisation of the order creates for them the obligation to pay the Purchase Price as well as an obligation to collect the Product – in line with the chosen payment method and type of delivery.
IV.12. The Seller registers the Purchase Contract as a set of digital data which becomes equally accessible to the Buyer and displayed in the ‘Order History’ section of their Web Office.
IV.13. The Purchase Contract – along with the General Terms and Conditions which is a part thereof – contains all terms and conditions of the agreement between the Contracting Parties. (clause of completeness)
IV.14. In case severability of the Purchase Contract: the entire Purchase Contract becomes (null and) void only if it becomes evident that the Contracting Parties would not have entered into contract had the new conditions applied at the time of the Purchase.
V. The elements and the payment of the Purchase Price
V.1. The price of a product does not include the delivery cost which is one of the elements of the Purchase Price and is therefore paid in full during the payment of the Purchase Price. The Buyer is to pay for the delivery of the product, except when the Purchase Contract contains the purchase of at least one product the delivery of which is free of charge. In the latter case, the delivery cost will not be charged on any of the products purchased together with that product. The delivery cost includes the cost of the packaging of the product(s). Current delivery fees are listed under ‘Questions about Delivery’ in the Frequently Asked Questions (FAQ) section of the ROZTOMÝDLO website.
V.2. All Prices displayed by the Seller include VAT and the Seller puts the same prices on the invoice it issues using the data that the Buyer provided during the ordering process.
The methods of paying the Purchase Price
V.3. The Purchase Price of the purchased product(s) may only be paid using one of the following payment methods. By finalizing their order, the Buyer accepts that they have no other payment option.
V.4. In case of an Advanced Transfer the Buyer transfers the Purchase Price to the Seller’s bank account at Raiffeisen Bank s.r.o. Account number: 5059961001/5500, IBAN CZ4255000000005059961001, SWIFT RZBCCZPP
V.5. The Seller starts the product dispatch on the day on which the full Purchase Price is credited on the Seller’s bank account [see V.4.] by 14.00 Central European Time (CET).
V.6. The Buyer accepts that the Seller has no influence over the date and time of banks transferring and crediting the amount of the Purchase Price, and that the Seller cannot be held responsible for any delay in the bank transfer of for the consequences of such a delay.
Payment with embossed credit/debit card
V.7. If they choose the option to pay with credit/debit card, the Buyer is redirected from the ‘Checkout’ section of the user platform to Raiffeisen’ s secure payment website where the actual payment of the Purchase Price is done.
V.8. If the payment has been successful the bank’s website redirects the Buyer back to the user platform on the ROZTOMÝDLO website. The same thing happens in case of an unsuccessful payment so that the Buyer can retry the payment with their credit/debit card or choose a different payment option.
V.9. The Seller’s bank accepts the following credit or debit cards:
- MasterCard Electronic;
- Visa Electron.
Payment on Delivery
V.10. If they have chosen payment on delivery the Buyer accepts the obligation to pay the Purchase Price of the product(s) to the courier on delivery, in cash. The amount to pay is exactly calculated and displayed during the ordering process.
VI. Delivery and collection of the product; the managing of complaints
VI.1. The delivery of the purchased product(s) is realized through a courier service. Applicable delivery times, deadlines and other conditions and contacts of the courier service are listed under ‘List of Conditions – Delivery and Customer Loyalty’ available on the ROZTOMÝDLO website.
VI.2. The Buyer can request delivery via courier service regardless of the payment method they have chosen.
VI.3. As the transporter of the purchased product, the courier service notifies the Buyer of the arrival of the package without delay. Once the notification has been received the Buyer has the right to decide on the delivery. By default, the courier delivers packages to the address (specified during the ordering process) on business days between 8am and 5pm – this standard service is covered by the delivery price which is included in the Purchase Price. The Buyer has the option to agree with the courier service on a preferred or more specific delivery time (e.g. morning delivery) but the courier company may charge for that extra service based on their own rates. The Buyer is to pay that extra charge to the courier upon product delivery.
VI.4. If the delivery of the product package is delayed or fails for reasons caused by the Buyer (e.g. wrong address provided during the ordering process)or the foreseeability clause [6:142.§ of the Civil Code] is breached for reasons caused by the Buyer’s conduct, the resulting damage (extra cost and other losses) will be borne by the Buyer in full. The Seller cannot be held responsible for these damages either by the Buyer or by a Third Party.
VI.5. It falls upon the Buyer to thoroughly check the contents (quantity and quality) of the package at the time and place of delivery as well as to sign the delivery receipt once they have been convinced that the Seller has delivered on its contractual terms and obligations. An appropriately filled and signed delivery receipt proves (unless the opposite is proven) that the package and its wrapping were in perfect condition and the contents of the package were complete at the time of receipt.
VI.6. In case of incorrect or faulty delivery the Buyer has the obligation to signal the error to the Seller by using any of the contacts listed in the ‘Contact’ section of the ROZTOMYDLO website. A faulty package is a package that is damaged and it lacks the written record/notice acknowledging the damage, or the package does not contain the right product(s) purchased by the Buyer. Any damages (extra costs, other losses) caused by the delay or failure to report the error or by the collection of a damaged (or incomplete) package will be borne by the Buyer.
VI.7. The risk of damage on the purchased product is transferred from the Seller to the Buyer once the Buyer has collected the product.
VI.8. If the Buyer has any complaints regarding the product or the sales service they can send their complaint to the Seller to any contact address listed in the ‘Contact’ menu of the ROZTOMÝDLO website or directly to the Seller’s postal address. The Seller considers complaints in the order of receipt but latest within 30 (thirty) days of receipt and notifies the Buyer of the decision through the same communication channel the Buyer used to make their complaint. If their complaint is declined the Buyer can challenge it at supervisory bodies (e.g. the notary of the Consumer Protection Office of Pest County Government Office) or in court.
VII. The amendment of the General Terms and Conditions, expiry of the Purchase Contract and cancellation restraints
VII.1. The Seller has the right to one-sided amendment(s) of the General Terms and Conditions – as a means to protect its own- and its partners’ business interests.
VII.2. It is a duty of the Seller to notify the Buyer and prospective contracting partners about the fact that it is going to exercise its right to change the General Terms and Conditions – as well as about the changing clauses. The notification is to be published as a special notice in the footnotes section of the ROZTOMÝDLO website at least 8 (eight) days before the changes take effect.
VII.3. The Purchase Contract is executed when the sale service is fulfilled and the Purchase Price is paid in line with contractual obligations.
VII.4. By mutual consent the Contracting Parties may terminate the Purchase Contract for the future. In that case none of the Parties has further obligations provided they have stated the fulfilment of all services to each other before the termination of the contract.
VII.5. The Buyer may cancel (withdraw from) the Purchase Contract without stating any reason within 14 (fourteen) calendar days after the collection/receipt of the product package. The cancelled package (which also contains the bank account number of the Buyer) has to be sent with tracked, pre-paid delivery to the address of the Seller latest by the expiry of the withdrawal deadline. The purchased product(s) as well and the original copy of the invoice have to be attached to the declaration of withdrawal. The appropriately formatted and filled declaration of withdrawal and its required annexes void the Purchase Contract once they have been received by the Seller but latest on the day when the presumption of delivery applies. It cancels the Purchase Contract but it has no further legal effect or consequence.
VII.6. The Buyer bears the costs of the product’s return when they exercise the right of withdrawal. The Buyer also bears the costs of any damage resulting from inadequate packaging of the returned product(s) as well as the costs/losses that occur during the return of the product.
VII.7. The Seller pays back the Purchase Price to the Buyer – but the amount of the refund may be reduced by the amount of the return costs which must be paid by the Seller due to this agreement – within 30 (thirteen) days of receiving the withdrawal declaration (or of the day on which the presumption of delivery applies) but the Seller may demand indemnity from the Buyer for any damage resulting from the inappropriate use of the product.
VII.8. The Buyer is not entitled to cancellation referenced in VII.5. if the purchased product is, by nature, non-returnable. By mutual consent, the Contracting Parties qualify as non-returnable any product whose size in terms of texture, quantity, mass or volume (or otherwise measured) does not reach 30 (thirty) % of that of the original product. The product also qualifies as non-returnable if damage to the product’s texture or packaging makes it impossible to verify its origin.
VII.9. The Buyer cannot exercise their right of withdrawal on the grounds of lapse of interest
- if the Seller has rightfully denied service for reasons referenced in IV.10.;
- if the bank transfer is delayed [V.6.] or the Buyer has used the wrong payment method or device;
- if the Buyer placed the order less than 4 (four) days before a national holiday but they ordered the product from the Seller explicitly for that occasion [VI.1.].