1. General provisions and definitions
1.1 These general terms and conditions (hereinafter referred to as “T&C”) apply to business relations between the buyer and the company Head & Beard s.r.o., with registered office in Prague 8, Libeń, U libeňského pivovaru 2015/10, ZIP code 18000, IČO 107 74 556 (hereinafter referred to as “operator” or “seller”) concluded through the headandbeard.eu electronic store system (hereinafter referred to as the “system”).
Online store address: headandbeard.eu.
The online store operated by the seller contains an offer of goods for sale, in particular products and means for hair and beard care. All offers for the sale of goods in the online store are non-binding and the seller is not obliged to enter into a purchase contract regarding these goods.
1.2 The General Terms and Conditions regulate the rights and obligations of the participants in the purchase contract concluded remotely via the headandbeard.eu server between the seller and the buyer. 1.3 The rights and obligations of the parties to the purchase contract are governed by the legal regulation of the purchase contract pursuant to § 2079 et seq. in connection with § 1820 et seq. Act No. 89/2012 Coll., Civil Code. Legal relations between the seller and the buyer – consumer, which are not expressly regulated in these GTC or agreed in the concluded purchase contract, are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection, as amended. 1.4 Buyer means a natural or legal person registered in the system who sent an electronic order processed by the online store system after their own authorization. 1.5 Electronic order means a sent electronic form, containing information about the buyer, a list of ordered goods from the online store offer, the method of transport, the price and the method of payment of the price of these goods, processed by the store’s system or an e-mail sent by agreement to the e-mail address of the seller.
1.6. By sending the order, the buyer confirms that he has familiarized himself with these GTC and that he agrees with these GTC. The buyer acknowledges that for the purposes of regulating the legal regime of the relationship between the seller and the buyer, the GTC in the version effective at the time the order is sent are considered effective. The buyer acknowledges that the seller is entitled to change or supplement the wording of the General Terms and Conditions, but any changes do not affect the rights and obligations arising at the time the previous wording of the General Terms and Conditions was effective.
2.1 The condition for the validity of an electronic order is the truthful and complete filling in of all data and information required by the registration form, including telephone contact.
2.2 All electronic orders received are considered a draft contract and are considered binding. 2.3 The purchase contract, on the basis of which the sale of goods is realized by the seller to the buyer, is created on the basis of a binding confirmation of the order by the seller. The purchase contract is concluded when the buyer receives an e-mail confirmation of the order or part of it from the seller. 2.4 The content of the order (exact specification of the goods and their number), the price for the goods and transport, the method of delivery, the method of payment for the goods are considered to be the essential conditions of the purchase contract.
3. Order cancellation
3.1 Cancellation of the order by the buyer The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation by the seller. In case of cancellation of a confirmed order, the buyer is obliged to compensate the seller for the damage caused by this action. The seller will exercise the right to compensation for damage mainly in the case of the purchase of goods “to order”, which had to be procured at the customer’s request or in the event that demonstrable costs have already been incurred in connection with securing the goods.
3.2 Refusal of the order by the seller The seller reserves the right to refuse the order or part of it in particular in the following cases: * In the event that the order could not be confirmed bindingly (incorrect telephone number, unavailable, does not respond to e-mails, etc.). * In the event that the buyer did not take over the goods in the past or otherwise violated the terms and conditions * The goods are no longer manufactured or supplied or the price of the supplier of the goods has changed significantly. In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on the next course of action.
*In the event that the seller’s stock of goods is exhausted or it is not possible to fulfill the terms of the purchase contract for other reasons.
If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address within 15 calendar days.
4. Withdrawal from the purchase contract (mail order)
4.1 Withdrawal from the purchase contract by the buyer The buyer, who is a consumer, has the right, in accordance with the Civil Code, to withdraw from the purchase contract within 14 days of taking delivery of the shipped goods. In the case of exercising this right, the buyer is obliged to comply with the conditions and procedure specified in Article 4.2. GTC
4.2 How to proceed in the event of withdrawal from the purchase contract Given that the contract is canceled from the beginning in the event of withdrawal, the seller will return or replace all mutually accepted performance to the buyer and the buyer to the seller.
If the buyer decides to withdraw from the contract within the period specified in Article 4.1, he is obliged to comply with the following conditions:
* Contact the seller with a request to withdraw from the contract, stating the order number, name and surname, date of purchase and your account number or address for refund. * If the buyer has already received and accepted the goods, he will send them back within 14 days after withdrawal to the seller’s address indicated in the contact section under the following conditions: o the goods must be in their original undamaged packaging (with an intact protective film) o the goods must not be used o the goods must be undamaged o the goods must be complete (including the package leaflet and the like) o the goods must be sent together with the proof of purchase – invoice The goods must be sent by registered mail, the buyer is responsible for delivering the goods back to the seller. The cost of returning the goods will be borne by the buyer.
4.3. The right to withdraw from the contract is excluded in the case of perishable goods.
4.4. In the event that all specified conditions for proper withdrawal from the purchase contract are met, the seller will return the purchase price to the buyer after returning the goods.
4.5. If any of the above conditions are not met, withdrawal from the order will not be accepted.
4.6. The form attached to these terms and conditions can be used to withdraw from the contract.
5. Pricing conditions
5.1 The price of the products represents the price including VAT of 21%.
5.2 The prices of postage and packaging are listed in the seller’s online store, by sending the order, the buyer takes note of the cost of postage and packaging for the chosen method of transport. Postage is not charged for personal collection. 5.3 Postage and packaging for deliveries to the territory of the member states of the European Union, or of other states is determined individually on the basis of a written agreement (email) between the buyer and the seller.
5.4 The buyer has the option to pay in the following currencies: Czech crowns.
6. Conditions and possibility of payment for goods
6.1 The price of the ordered goods will be paid according to the buyer’s choice:
* by a one-time transfer from the account to the seller’s bank account and with the due dates specified in the e-mail confirmation of the order, or
* by credit card.
6.2 If the price for the delivered products is not paid in full on time, the seller has the right to suspend further deliveries of goods and confirmation of further orders until the price is paid.
7. Delivery conditions
7.1 Deliveries of ordered goods will be dispatched as soon as possible, depending on product availability and the seller’s operational capabilities, but always after payment of the purchase price. For each product, the general availability of the product is indicated on the seller’s web interface.
7.2 Each customer is informed of all changes in the status of the order by e-mail. 7.3 The goods are delivered via the chosen method, namely:
by delivery to the address specified by the buyer.
7.4 In the case of delivery to the address specified by the customer in the order, the buyer undertakes to provide the seller with the necessary cooperation to take over the ordered goods, in particular to indicate the correct address for delivery in the order and to be available to take over the shipment. Any costs incurred by the seller as a result of a breach of these obligations by the buyer (repeated delivery) are borne by the buyer.
7.5 When taking over the goods from the carrier, the buyer is obliged to check whether the packaging of the goods is not damaged and to report any defects to the carrier. The buyer is not obliged to accept from the carrier goods with damaged packaging indicating unauthorized entry. The buyer confirms the integrity of the shipment by his signature on the delivery note, with the understanding that a later claim related to damage to the packaging cannot be taken into account.
7.6 Ownership of the goods passes to the buyer upon acceptance and full payment of the purchase price.
8. Warranty conditions and complaints procedure
8.1 This complaint procedure applies to goods that were purchased from the seller and that are defective on the date the risk of damage passes to the buyer, or in the case of a contract with a consumer whose defects appear as a result of a breach of the seller’s obligations during the warranty period of 24 months from taking over with the exception of:
– goods for which a minimum shelf life is indicated on the packaging or in the attached instructions
– goods for which the nature of the goods implies otherwise
– goods worn out as a result of their usual use
– goods sold at a lower price due to a defect due to which the lower price was agreed upon.
8.2 Each item purchased from the seller is accompanied by an invoice (sales document) upon delivery to the buyer, which also serves as a warranty document. 8.3 When taking over the goods, the buyer is obliged to check the following: * Whether it is the product that was ordered * Whether the product is in intact condition, i.e. whether it has an obvious defect * Whether all its individual parts work The warranty does not cover defects in the goods caused by improper use, storage or damage to the goods by the buyer. The packaging and contents of the product must not be mechanically damaged (mechanical damage means such damage to the product that could not have been caused by normal use of the product for the purpose for which it was manufactured). The buyer is obliged to return the claimed goods under the above conditions to the address of the Seller’s registered office.
9. Responsibility for the content of the headandbeard.eu website
9.1 The seller may change the products and services described on its website at any time without prior notice and does not guarantee the material accuracy of their content.
9.2. The seller is not liable to another party for direct, indirect or extraordinary damages caused by the use of information from his or linked websites.
10.1 The seller fully complies with Act No. 101/2000 Coll., on the protection of personal data. In order to offer valuable services, it needs to know some personal data of buyers. This data protects against misuse and guarantees to the buyer that the conditions, which are more closely defined in the Rules on the processing of personal data forming part of these GTC, will be observed.
10.2 Pursuant to Section 20d of Act No. 634/1992 Coll., on consumer protection, every buyer has the right to an out-of-court settlement of a consumer dispute with the seller arising from the purchase contract (hereinafter referred to as the “dispute”). 10.3 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz (hereinafter ČOI).
10.4 Legal relationships established by a purchase contract concluded in accordance with these GTC are governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll.
Annex no. 1
Sample Notice of Withdrawal Notice of Withdrawal from the Contract Addressee (____________, e-mail ___________, fax __________) I hereby declare that I am withdrawing from the contract for the purchase of these goods: _________________________ Date of order/receipt, order number ______________ Name and surname of the consumer ____________ Address of the consumer ___________ Purchase Price Refund Account Number ___________ Consumer Signature Date