TERMS AND CONDITIONS
Via Bamm s.r.o.
with its registered office at Pod Viaduktem 1205/50, Prague
identification number: 054 77 751
registered in the Commercial Register maintained in Prague, Section C, Insert 264157
for sale of products through the online store located at www.fab5ive.com
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms”) of Via Bamm s.r.o., with the registered office at Pod Viaduct 1205/50, Prague, identification number: 054 77 751, registered in the Commercial Register maintained in Prague, Section C, Insert 264157 “The Seller”) govern, in accordance with the provisions of Section 1751 (1) of Czech Republic Act No. 89/2012 Coll., The Civil Code (“the Civil Code”) the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (“Purchase Agreement”) concluded between the seller and another physical person (the “Buyer”) through the seller’s Internet shop. The e-shop is operated by the seller on a web site located at www.fab5ive.com (hereinafter referred to as the “website”) through the web interface (hereinafter referred to as the “web interface of the store”).
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the English language. The purchase contract can be concluded in the English language.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on buyer registration made on the website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the “user account”).
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 24 months, or if the buyer breaches his obligations under the sales contract (including business terms).
2.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, necessary maintenance of hardware and software of third parties.
3. ENTERING INTO A PURCHASE AGREEMENT
3.1. All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Czech Republic Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms.
3.3. The store’s web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of goods for other countries and outside the Czech Republic is clearly described and displayed on the websites when the buyer chooses to transport outside the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
1.1.1. ordered goods (the ordered goods “put” the buyer into the electronic shopping cart of the web interface of the store),
1.1.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
1.1.3. information on the costs associated with the supply of goods (collectively referred to as “the order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the “order” button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer’s email address listed in the user account or in the order (hereinafter referred to as the “buyer’s electronic address”).
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer’s e-mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The buyer may pay the buyer for the products (the price of the goods and any costs associated with the delivery of the goods under the purchase contract) in the following manner:
1) via payment card on Braintree payment gateway, owned by PayPal company, or
2) via bank wire transfer
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are understood to be separate.
4.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions 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 card or bank wire transfer payment, the purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
4.5. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), to request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Czech Republic Civil Code does not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document – The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
5. WITHDRAWAL FROM THE BUYER’S CONTRACT
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Czech Republic Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer’s or his person’s wish, from the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
5.2. If the case is not referred to in Article 5.1 of the Terms and Conditions or in another case when the contract of sale can not be withdrawn from, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Czech Republic Civil Code, up to 14 days after receipt of the goods. Withdrawal from the Purchase Contract must be sent to the seller within the deadline specified in the previous sentence via email in writing. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller’s office or to the seller’s e-mail address email@example.com.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
5.5. The Seller is entitled to indemnify unilaterally the Buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Czech Republic Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by credit to the buyer’s account.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
6. TRANSPORT OF PRODUCTS
6.1. If the mode of transport is agreed upon by a buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer’s need, 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, respectively, all the costs associated with another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
6.5. Other parties’ rights and obligations in the carriage of goods may alter the seller’s special delivery terms if the seller has them issued.
7. RIGHTS OF DEFECTIVE FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Czech Republic Civil Code and Czech Republic Consumer Protection Act 634/1992 Coll. as amended).
7.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
1.1.4. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
1.1.5. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
1.1.6. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
1.1.7. the goods are in the appropriate quantity, degree or weight and
1.1.8. goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods due to its normal use, buyer, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the purchase of a non-perishable product, the goods are deemed to have been defective at the time of purchase. The buyer is entitled to claim the right to a defect that occurs on non-perishable consumer goods within twenty-four months of the purchase.
7.5. Rights to defective performance are applied by the buyer to the seller at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s claim rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Czech Republic Civil Code.
8.3. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes.
8.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
10. SENDING MARKETING INFORMATION AND STORAGE OF COOKIES
10.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller’s obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser’s computer, the buyer may withdraw the consent under the previous sentence at any time.
11.1 The buyer may be delivered the products every month to the address specified in the form billing data where the address for delivery can also be requested in case the billing and delivery address is not the same. In the event of a change of delivery address, the Buyer is obliged to inform Via Bamm s.r.o. via email firstname.lastname@example.org or edit the delivery address at www.fab5ive.com after signing in to my account at the pages of my account and the ” Addresses ” section.
12. RECURRING PAYMENTS
12.1 This is about the automatic payment of the monthly payment for the Fab5ive Beauty Box subscription. The payment is fixed and is automatically debited via the secured payment gateway of Braintree (owned by PayPal) which meets all the international security standards.
12.2 The first FAB5IVE beauty box will be charged and sent within 2 business days of ordering. In case of beauty boxes being sold out one month, the reservation will take place for the following months, as an order of the next beauty boxes. All of the following (after first) beauty boxes will be automatically charged on the 5thday of the month and dispatched every 7thday of the month.
12.3 In the event that the buyer have ordered the first beauty box between 1st and 5thday of the month, the amount for the beauty box will be charged on the 5thday and the beauty box sent on the 7thday of the month.
12.4 The buyer is informed that the payment is based on a recurring payment in the email he / she has registered for his / her account. The status of the order is also visible in the order overview of user account, where the buyer can cancel the recurring payments at any time without giving any reason.
12.5 The Buyer will be contacted at least 7 days in advance of any changes via an e-mail he / she provides when registering. This means changes that have occurred under the original agreement. E.g. changing the amount to be charged, changing the charging date, change of the start of payment period (e.g., after using the free period), and so on. He / she will be informed at least 7 working days in advance if more than 6 months have passed since the last recurring payment.
13. FINAL PROVISIONS
13.1. If a relationship based on a sales 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 under generally binding legal regulations.
13.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
13.3. Contact details of the seller: Delivery address Pod Viaduktem 1205/50, Prague 5, e-mail address email@example.com, phone +420 720 424 056.
In Prague, March 1st 2017