Terms and Conditions
Article I.
1.1. These terms and conditions (hereinafter the „terms and conditions“) of the company MAVUE Cosmetics s.r.o., Company ID 06920977, with its registered office at Lublaňská 267/12, Vinohrady, 120 00 Prague 2, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File No. 291380 (hereinafter the „seller“), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the „Civil Code“), the mutual rights and obligations of the contracting parties arising under a purchase contract (hereinafter the „purchase contract“) concluded between the seller and a natural person (hereinafter the „buyer“) through the seller's online shop. The seller and the buyer jointly also as the „contracting parties“.
The online shop is operated by the seller on the website located at the internet address www.mavuecosmetics.com (hereinafter the „website“), through the interface of that website (hereinafter the „shop web interface“).
1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who, when ordering the goods, acts within the scope of their business activity or within the scope of their independent exercise of a profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language.
1.5. The seller may amend, supplement or clarify the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
Article II.
Conclusion of the purchase contract
3.1. All presentation of goods placed in the shop web interface is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The shop web interface contains information about the goods, including the prices of the individual goods.
The prices of the goods are stated including value added tax (VAT) and all related fees, with the exception of the postage charge.
The prices of the goods remain valid for as long as they are displayed in the shop web interface. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3. The shop web interface also contains information about the costs associated with packaging, transport and delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated in the shop web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer completes the order form in the shop web interface. The order form contains in particular information about the following:
- 3.4.1. the buyer's personal data,
- 3.4.2. the goods ordered,
- 3.4.3. the method of payment of the purchase price of the goods and details of the required method of delivery of the ordered goods,
- 3.4.4. information about the costs associated with the delivery of the goods
(hereinafter jointly referred to as the „order“).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, including with regard to the buyer's ability to detect and correct errors made when entering data into the order.
The buyer sends the order to the seller by clicking the „Confirm order“ button. The data stated in the order by the buyer are considered correct by the seller.
3.6. Sending the order is considered an act of the buyer that unambiguously identifies the goods ordered, the purchase price, the person of the buyer, the method of payment of the purchase price and the method of transport of the ordered goods, and constitutes a binding proposal of the purchase contract for the contracting parties.
A condition for the validity of the order is the completion of all mandatory data in the order form, familiarisation with these terms and conditions on the website and confirmation by the buyer that they are familiar with the terms and conditions.
3.7. The seller shall confirm receipt of the order to the buyer by electronic mail, to the buyer's electronic mail address stated in the user interface or in the order (hereinafter the „buyer's electronic address“).
3.8. Depending on the nature of the order (quantity of goods, amount of the purchase price, expected transport costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing by electronic mail or by telephone).
3.9. The proposal of the purchase contract in the form of an order is valid for fifteen (15) days.
3.10. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by electronic mail, to the buyer's electronic mail address.
3.11. In the event that the seller cannot meet any of the requirements stated in the order, the seller shall send an amended offer to the buyer's electronic address stating the possible variants of the order, and the buyer is obliged to respond to the seller in writing within ten (10) days at the latest; should the buyer not respond within the set period, the seller has the right to cancel the order in full.
3.12. The amended offer is considered a new proposal of the purchase contract and in such a case the purchase contract is concluded only upon the buyer's acceptance by electronic mail.
3.13. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the basic rate.
Article IV.
Price of the goods and payment terms
4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- 4.1.1. in cash on delivery at the place designated by the buyer in the order;
- 4.1.2. by cashless transfer or payment card to the seller's account held with Komerční banka a.s., account no. 115-6920580287/0100 (hereinafter the „seller's account“)
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or any other similar payment from the buyer. This is without prejudice to the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The seller is entitled, in particular in the event that the buyer does not provide additional confirmation of the order pursuant to Article III. of these terms and conditions, to require payment of the full purchase price before the goods are dispatched to the buyer. Section 2119(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 with one another.
4.8. Where it is customary in business dealings or where so required by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer in respect of payments made under the purchase contract.
The seller declares that it is not a value added tax (VAT) payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and shall send it in written form to the buyer's address together with the purchase.
4.9. If you choose payment by bank transfer, the payment must be credited to us within 3 working days at the latest.
If you do not transfer the amount for the order by then and we have no information from you about the reason, your order will be automatically cancelled and the goods released for further sale. We always dispatch your order within a maximum of 2 working days of receiving the payment. In the event that the goods are no longer in stock, we will contact you without delay (by e-mail or telephone). In the event that it is not possible to contact you, we reserve the right to cancel the order.
If you have chosen payment on delivery, please note that if the consignment is not accepted, we shall claim the incurred transport and packaging costs in the amount of CZK 128.
Under no circumstances may goods be returned by post as cash on delivery. The seller will not accept any goods returned in this way.
An order in the Mavue Cosmetics e-shop may be cancelled free of charge within 24 hours of ordering at the latest, but only if the order has not yet been dispatched (this applies mainly to cash-on-delivery orders).
Article V.
Withdrawal from the purchase contract
5.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract:
- 5.1.1. for the supply of goods whose price depends on fluctuations of the financial market independent of the seller's will and which may occur during the withdrawal period,
- 5.1.2. for the supply of alcoholic beverages which may be delivered only after thirty days and whose price depends on fluctuations of the financial market independent of the seller's will,
- 5.1.3. for the supply of goods that have been adjusted according to the buyer's wishes or for the buyer's person,
- 5.1.4. for the supply of goods that are perishable, as well as goods that have been irretrievably mixed with other goods after delivery,
- 5.1.5. for the supply of goods in a sealed package which the buyer has removed from the package and which cannot be returned for hygiene reasons,
- 5.1.6. for the supply of a sound or visual recording or a computer program if the buyer has broken their original packaging,
- 5.1.7. for the supply of newspapers, periodicals or magazines.
5.2. If it is not a case referred to in Article V., point 5.1, or another case in which withdrawal from the purchase contract is not possible, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods.
The withdrawal from the purchase contract must be sent to the seller within the period stated in the preceding sentence.
5.3. To withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract to the seller's address stated in the heading of this document, i.e. „Terms and Conditions“, or electronically to info@mavuecosmetics.com. The provisions of Article XI. of these terms and conditions apply to the delivery of the withdrawal from the contract.
5.4. In the event of withdrawal from the purchase contract pursuant to Article V., point 5.2 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller undamaged and in the original packaging within fourteen (14) days of the withdrawal from the contract.
If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by the usual postal route due to their nature.
5.5. In the event of withdrawal from the contract pursuant to Article V., point 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer, unless agreed otherwise. The seller is also entitled to return the performance provided by the buyer as early as upon the return of the goods by the buyer, or in another manner, provided the buyer agrees and no additional costs arise for the buyer.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the goods have been returned to the seller by the buyer.
5.6. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer's claim for the return of the purchase price.
5.7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.
5.8. 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 resolutive condition that, should the buyer withdraw from the purchase contract, the gift contract regarding such gift ceases to be effective and the buyer is obliged to return the provided gift to the seller together with the goods.
Article VI.
Transport and delivery of the goods
6.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, under the purchase contract, the seller is obliged to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
6.4. When taking over the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier of this without delay. If a breach of the packaging indicating unauthorised entry into the consignment is found, the buyer need not take over the consignment from the carrier.
Article VII.
Rights arising from defective performance
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance (complaints) are governed by the relevant generally binding regulations, in particular by Section 2099 et seq. of the Civil Code.
7.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
- 7.2.1. the goods have the characteristics agreed by the parties and, in the absence of such an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them,
- 7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- 7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
- 7.2.4. the goods are in the appropriate quantity, measure or weight, and
- 7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their ordinary use, to used goods in respect of a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or where this follows from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective already upon receipt.
7.5. The buyer exercises the rights arising from defective performance with the seller at the address of its establishment at which acceptance of the complaint is possible with regard to the range of goods sold, or at its registered office or place of business.
The moment of the complaint being lodged is deemed to be the moment at which the seller received the goods complained of from the buyer.
7.6. Further rights and obligations of the parties relating to the seller's liability for defects may be governed by the seller's complaints procedure.
Article VIII.
Other rights and obligations of the contracting parties
8.1. The buyer acquires exclusive ownership of the goods upon payment of the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. The seller handles out-of-court settlement of consumer complaints through the electronic address info@mavuecosmetics.com. The seller shall send information about the handling of the buyer's complaint to the buyer's electronic address.
8.4. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its remit by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, among other things, supervision over 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.
Article IX.
Protection of personal data
9.1. The protection of the personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended. From 25 May 2018, the protection of personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR – General Data Protection Regulation).
9.2. The buyer consents to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, electronic mail address, telephone number and date of birth (hereinafter jointly the „personal data“).
9.3. The buyer consents to the processing of personal data by the seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining the user account. Unless the buyer chooses another option, the buyer also consents to the processing of personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope under this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4. The buyer acknowledges that they are obliged to state their personal data truthfully (when registering, in their user account, when placing an order from the shop web interface) and that they are obliged to inform the seller without undue delay of any change in their personal data.
9.5. The seller may entrust the processing of the buyer's personal data to a third party as a processor. Apart from persons transporting the goods, personal data will not be passed on by the seller to third parties without the buyer's prior consent.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.
9.7. The buyer confirms that the personal data provided are accurate and truthful and that they have been informed that the provision of personal data is voluntary.
9.8. In the event that the buyer believes that the seller or the processor (pursuant to Article IX., point 9.5) is processing their personal data in a manner contrary to the protection of the buyer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the buyer may:
- 9.8.1. ask the seller or the processor for an explanation,
- 9.8.2. require the seller or the processor to remedy the situation thus created.
9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to require reasonable compensation for providing the information under the preceding sentence, not exceeding the costs necessary for providing the information.
Article X.
Sending of commercial communications and storage of cookies
10.1. The buyer consents to the sending of information related to the goods, services or business of the seller to the buyer's electronic address and further consents to the sending of commercial communications by the seller to the buyer's electronic address.
10.2. The buyer consents to the storage of so-called cookies on their computer. In the event that a purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without so-called cookies being stored on the buyer's computer, the buyer may withdraw the consent under the preceding sentence at any time.
Article XI.
Delivery
11.1. Notices concerning the relations between the seller and the buyer, in particular those concerning withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless stipulated otherwise in the purchase contract. Notices are delivered to the relevant contact address of the other party and are deemed delivered and effective at the moment of their delivery by post, with the exception of a notice of withdrawal from the contract made by the buyer, where the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.
11.2. A notice whose acceptance was refused by the addressee, which was not collected within the storage period, or which was returned as undeliverable, is also deemed delivered.
11.3. The contracting parties may deliver ordinary correspondence to each other by electronic mail, to the electronic mail address stated in the buyer's user account or stated by the buyer in the order, or to the address stated on the seller's website.
Article XII.
Final provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase contract or the terms and conditions require written form.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. The annex to the terms and conditions consists of the model form for withdrawal from the purchase contract.
12.5. The seller's contact details:
The address for the delivery of returned goods and for correspondence is:
MAVUE Cosmetics
PhDr. Sabina Vepřeková
Chmelova 357, Hradec Králové 3, 500 03
Email: info@mavuecosmetics.com
telephone: +420 777 786 780