Terms and Conditions

GENERAL TERMS AND CONDITIONS for E-shops

These General Terms and Conditions (“Terms”) of the business Marek Sviridov MS AESTHETICS, with its registered office at Hradec Králové, K Hvězdárně 1686/34, ID No. (IČO) 01571141, registered in the Trade Register maintained by the Trade Licensing Office in Hradec Králové, e-mail msaestheticscz@gmail.com, phone number 604255314, premises address Praha 15, Rižská 1580/7, („We” or „the Seller”) govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended („the Civil Code“), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement („the Agreement“) concluded through the E-shop on the website www.msaesthetics.cz.

All information regarding the processing of Your personal data is contained in the Privacy Policy, which can be found at www.msaesthetics.cz/podminky-ochrany-osobnich-udaju.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the Terms.

As you surely know, We primarily communicate remotely. Therefore, it applies to our Agreement that means of distance communication are used, which allow Us and You to reach an agreement without our simultaneous physical presence, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface („the E-shop web interface“).

If any part of the Terms contradicts what we have mutually approved within the process of Your purchase on Our E-shop, this specific agreement will take precedence over the Terms.

1. SOME DEFINITIONS

• Price is the financial amount you will pay for the Goods;
• Shipping Price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
• Total Price is the sum of the Price and the Shipping Price;
• VAT is the value added tax according to applicable legal regulations;
• Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
• Order is Your binding proposal to conclude an Agreement for the purchase of Goods with Us;
• User Account is an account established based on the data provided by You, which allows the preservation of the entered data and the retention of the history of ordered Goods and concluded Agreements;
• You are the person purchasing on Our E-shop, referred to by legal regulations as the buyer;
• Goods are everything you can buy on the E-shop.

2. General Provisions and Disclosures

• The purchase of Goods is only possible through the E-shop web interface.
• When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You provided Us in the Order to be correct and truthful.
• On our E-shop, we also provide access to reviews of the Goods made by other consumers. We ensure and verify the authenticity of such reviews by linking the reviews to specific orders; therefore, in the internal system, we see the linked order ID for each review, enabling us to verify and prove that the review originates from a real consumer.

3. CONCLUSION OF THE AGREEMENT

• The Agreement with Us can only be concluded in the Czech language.
• The Agreement 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 in any way from the basic rate you pay for using these means (especially for internet access), so you do not need to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree to our use of means of distance communication.
• In order for us to conclude the Agreement, it is necessary for you to create an Order on the E-shop. This proposal must include the following details:
  1. Information about the purchased Goods (on the E-shop, you indicate the Goods you are interested in purchasing by clicking the "Add to cart" button);
  2. Information about the Price, Shipping Price, method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered during the creation of the Order within the user environment of the E-shop, while information about the Price, Shipping Price, and Total Price will be provided automatically based on the Goods, delivery method, and payment method you selected;
  3. Your identification and contact details used to enable us to deliver the Goods, in particular your first name, last name, delivery address, phone number, and e-mail address.
• During the creation of the Order, you can change and check the data until it is completed. After performing the check by pressing the button „order with obligation to pay“, you complete the Order. Before pressing the button, however, you must confirm your familiarity with and agreement to these Terms, otherwise it will not be possible to complete the Order. A checkbox serves for confirmation and agreement. After pressing the button „Order with obligation to pay“, all completed information will be sent directly to Us.
• We will confirm Your Order to You as soon as possible after it is delivered to Us, by a message sent to Your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the e-mail message. The Terms in the wording effective as of the date of the Order, i.e., in the wording attached as an appendix to the confirming e-mail message, form an integral part of the Agreement. By confirming the Order, the Agreement between Us and You is concluded.
• There may also be cases where we will not be able to confirm Your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of items of Goods than is permitted on our part. However, we will always provide information about the maximum number of Goods within the E-shop in advance, so it should not be surprising to you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded at the moment you confirm Our offer.
• In the event that an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order, and therefore the Agreement has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Agreement in an amended form compared to the Order. In such a case, the new Agreement is concluded at the moment you confirm Our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other retailers or a digit is missing or extra.
• In the event that the Agreement is concluded, You incur an obligation to pay the Total Price.
• If you have a User Account, you can place an Order through it. Even in such a case, however, you have an obligation to check the correctness, truthfulness, and completeness of the pre-filled data. However, the method of creating the Order is identical as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
• In some cases, we allow a discount to be used for the purchase of Goods. To apply the discount, you must fill in the details of this discount into the designated field within the Order proposal. If you do so, the Goods will be provided to you with a discount.

4. USER ACCOUNT

• Based on Your registration within the E-shop, you can access your User Account.
• When registering a User Account, it is Your obligation to enter all entered data correctly and truthfully and to update them in the event of a change.
• Access to the User Account is secured by a username and password. Regarding these access details, it is Your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we bear no responsibility for it.
• The User Account is personal, and you are therefore not authorized to allow its use by third parties.
• We may cancel Your User Account, especially in the event that you do not use it for more than 1 YEAR, or in the event that you breach your obligations under the Agreement.
• The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

5. PRICING AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP RIGHTS

• The Price is always stated within the E-shop, in the Order proposal, and of course in the Agreement. In the event of a contradiction between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Agreement. Within the Order proposal, the Shipping Price is also stated, or the conditions under which shipping is free.
• The Total Price is stated including VAT and including all fees established by law.
• We will require payment of the Total Price from you after the conclusion of the Agreement and before handing over the Goods. You can make the payment of the Total Price in the following ways:
  1. By bank transfer. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 3 days of the confirmed order.
  2. By card online. In such a case, the payment takes place through the SHOPTET PAY payment gateway, while the payment is governed by the conditions of this payment gateway, which are available at: Terms of Shoptet Pay. In the case of payment by card online, the Total Price is payable by the following day.
  3. By cash on delivery (COD). In such a case, payment will occur upon delivery of the Goods against the handover of the Goods. In the case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods.
  4. In cash upon personal collection. Goods can be paid for in cash in the case of collection in Prague by prior personal arrangement. In the case of payment in cash upon personal collection, the Total Price is payable upon receipt of the Goods.
• The Invoice will be issued in electronic form after payment of the Total Price and will be sent to Your e-mail address. The Invoice will also be physically attached to the Goods and available in the User Account.
• The ownership right to the Goods passes to You only after you pay the Total Price and take over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account; in other cases, it is paid at the moment the payment is executed.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE ITEM

• The Goods will be delivered to You no later than within 30 days in the manner of Your choice, and you can choose from the following options:
  1. Personal collection in Prague (by prior personal arrangement via our email: msaestheticscz@gmail.com)
  2. Personal collection at the pickup points of Zásilkovna;
  3. Delivery through the transport company Zásilkovna;
• The Goods can only be delivered within the Czech Republic.
• The delivery time of the Goods always depends on their availability and on the selected method of delivery and payment. The estimated delivery time of the Goods will be communicated to You in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform you about the possibility of picking up the Goods via e-mail.
• Upon taking over the Goods from the carrier, it is Your obligation to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us without delay. In the event that there has been a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, it is not Your obligation to take over the Goods from the carrier.
• In the event that you breach your obligation to take over the Goods, except for cases according to Art. 8 of the Terms, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take over the Goods is not a withdrawal from the Agreement between Us and You. In such a case, however, We acquire the right to withdraw from the Agreement due to Your material breach of the Agreement, or to store the Goods. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to You. Withdrawal from the Agreement does not affect the claim for payment of the Shipping Price, or the claim for damages, if any arose.
• If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different way than was agreed in the Agreement, it is Your obligation to compensate Us for the costs associated with this repeated delivery. The payment details for paying these costs will be sent to Your e-mail address stated in the Agreement and are payable within 14 days of delivery of the e-mail.
• The risk of damage to the Goods passes to You at the moment you take them over. In the event that you do not take over the Goods, except for cases according to Art. 8 of the Terms, the risk of damage to the Goods passes to You at the moment you had the opportunity to take them over, but due to reasons on Your side, the takeover did not occur. The transfer of the risk of damage to the Goods means for You that from this moment on, you bear all consequences associated with the loss, destruction, damage, or any deterioration of the Goods.
• In the event that the Goods were not listed as in stock in the E-shop and an indicative availability time was stated, we will always inform you in the event of:
  1. an extraordinary outage in the production of the Goods, whereby we will always communicate to You a new expected availability time or information that it will not be possible to deliver the Goods;
  2. a delay in the delivery of the Goods from Our supplier, whereby we will always communicate to You a new expected delivery time.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

• We guarantee that at the time of the transfer of the risk of damage to the Goods according to Art. 6 of the Terms, the Goods are free of defects, in particular that the Goods:
  1. correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;
  2. are suitable for the purpose for which you require them and with which we agree;
  3. are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
  4. are suitable for the purpose for which Goods of this type are usually used;
  5. correspond in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, to the usual properties of Goods of the same type that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular by advertising or labeling;
  6. are delivered with accessories, including packaging, assembly instructions, and other instructions for use that you can reasonably expect; and
  7. correspond in quality or execution to the sample or template provided to You before the conclusion of the contract.
• Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• In the event that the Goods have a defect, in particular if any of the conditions under Art. 7 are not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e., claim the Goods) by sending an e-mail or letter to Our addresses listed under Our identification details, or in person at the address Marek Sviridov MS AESTHETICS, IČ 01571141, Praha 15, Rižská 1580/17, Postcode 102 00. For a claim, you can also use the model form provided from Our side, which forms Appendix No. 1 to the Terms. In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will process the claim in accordance with the right from defective performance exercised by You.
• If the Goods have a defect, you have the following rights:
  1. to remove the defect by delivering new Goods without a defect, or by delivering the missing part of the Goods; or
  2. to remove the defect by repairing the Goods,
  unless the selected method of removing the defect is impossible or disproportionately expensive compared to the second method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you.
• We are authorized to refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the Goods would have without the defect.
• You also have the right to:
  1. a reasonable discount on the Price; or
  2. withdrawal from the Agreement,
  if:
  1. we refuse to remove the defect or do not remove it in accordance with legal regulations;
  2. the defect manifests itself repeatedly;
  3. the defect constitutes a material breach of the Agreement; or
  4. it is obvious from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for You.
• The right to withdraw from the Agreement does not apply if the defect of the Goods is insignificant.
• In the event that you caused the defect on the Goods yourself, rights from defective performance do not belong to You.
• A defect in the Goods is not wear and tear of the Goods caused by its usual use, or in the case of used Goods, wear and tear corresponding to the level of its previous use.
• When a claim is exercised, we will issue you a written confirmation stating:
  1. the date when you exercised the claim;
  2. what the content of the claim is;
  3. what method of resolving the claim you request;
  4. Your contact details for the purpose of providing information about the processing of the claim.
• Unless we agree on a longer period, within 30 days of receiving the claim, we will remove the defects and provide you with information about the processing of the claim to the specified contact details. If this period expires fruitlessly, you may withdraw from the Agreement or request a reasonable discount.
• We will inform You about the settlement of the claim by e-mail and issue you a confirmation of the date and method of settlement of the claim. If the claim is justified, you are entitled to compensation for reasonably incurred costs. You are obliged to prove these costs, e.g., by receipts or confirmations of the shipping price. In the event that the defect was removed by delivering new Goods, it is Your obligation to return the original Goods to Us, but the costs of this return are borne by Us.
• In the event that you are a business/entrepreneur, it is your obligation to report and complain about the defect without undue delay after you could have discovered it, but no later than within three days of taking over the Goods.
• In the event that you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from taking over the Goods.

8. WITHDRAWAL FROM THE AGREEMENT

• Withdrawal from the Agreement, i.e., the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways specified in this article, or in other provisions of the Terms in which the possibility of withdrawal is explicitly stated.
• In the event that you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have, in accordance with the provisions of Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving a reason within a period of 14 days from the day of conclusion of the Agreement, or, if it is a purchase of goods, then within fourteen days of its takeover. In the event that we have concluded an Agreement the subject of which is several pieces of Goods or the delivery of several parts of Goods, this period begins to run only on the day of delivery of the last piece or part of the Goods, and in the case of an Agreement on the basis of which we will deliver Goods to you regularly and repeatedly, it begins to run on the day of delivery of the first delivery.
• You may withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail or letter to Our addresses listed under Our identification details). For withdrawal, you can also use the model form provided from Our side, which forms Appendix No. 2 to the Terms.
• However, even as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is a performance specified in Section 1837 of the Civil Code.
• The period for withdrawal according to Art. 8 (2) of the Terms is considered to be maintained if You send Us a notice during its course stating that you are withdrawing from the Agreement.
• In the event of withdrawal from the Agreement according to Art. 8 (2) of the Terms, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to have Us return the Shipping Price to you, but only in an amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In the event of withdrawal due to Us breaching the concluded Agreement, we also pay the costs associated with returning the goods to Us, but again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
• In the event of withdrawal from the Agreement, the Price will be returned to You within 14 days from the day of effectiveness of the withdrawal to the account from which it was credited, or to the account selected in the withdrawal from the Agreement. However, the amount will not be returned before we receive the Goods, or you prove to Us that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
• In the event of withdrawal from the Agreement according to Art. 8 (2) of the Terms, You are, however, responsible to Us for any reduction in the value of the Goods that arose as a result of handling these goods otherwise than is necessary to familiarize yourself with the nature, properties, and functionality of the Goods, i.e., in the manner you would familiarize yourself with the Goods in a brick-and-mortar store. In the event that we have not yet returned the Price to You, we are authorized to offset the claim arising from the costs against Your claim for the return of the Price.
• We are authorized to withdraw from the Agreement at any time before we deliver the Goods to You, if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the side of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Art. 6 (1) of the Terms. We can also withdraw from the Agreement if it is obvious that you deliberately provided incorrect information in the Order. In the event that you purchase goods within your business activity, i.e., as a business/entrepreneur, we are authorized to withdraw from the Agreement at any time, even without giving a reason.

9. Consumer Dispute Resolution

• We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 (1) (e) of the Civil Code.
• We handle consumer complaints through the electronic address msaestheticscz@gmail.com. Information regarding the settlement of the complaint will be sent to the electronic address of the buyer.
• The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID No. (IČ): 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer, from a purchase contract concluded by electronic means.
• The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

10. Final Provisions

• If Our and Your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are consumers, Your rights arising from legal regulations are not affected by this agreement.
• All written correspondence with You will be delivered by electronic mail. Our e-mail address is listed under Our identification details. We will deliver correspondence to Your e-mail address specified in the Agreement, in the User Account, or through which you contacted us.
• The Agreement can only be amended based on our written agreement. However, we are authorized to change and supplement these Terms; this change will not affect already concluded Agreements, but only Agreements that will be concluded after the effectiveness of this change. However, we will inform you about the change only if you have a User Account created (so that you have this information in case you order new Goods, but the change does not establish the right of termination, as we do not have a concluded Agreement that could be terminated), or if we are to deliver Goods to you regularly and repeatedly based on the Agreement. Information about the change will be sent to Your e-mail address at least 14 days before the effectiveness of this change. If we do not receive a notice of termination of the concluded Agreement for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Agreement and apply to the next delivery of Goods following the effectiveness of the change. The notice period, in case you submit a notice, is 2 months.
• In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, sub-supplier failures, etc.), we bear no responsibility for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, both We and You have the right to withdraw from the Agreement.
• An appendix to the Terms is a model form for a claim and a model form for withdrawal from the Agreement.
• The Agreement, including the Terms, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by e-mail, so you will always have access to the Agreement even without Our cooperation. We always recommend saving the Order confirmation and the Terms.
• These Terms enter into force on 1.4.2023.