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The Company
ALASSALA BEAUTY S.R.O.
Based in Na Zlonín 269, 250 64, Czech Republic
Id number: 24187135.
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 186809.
For the sale of goods through the online store located at www.moroccansense.com.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of ALASSALA BEAUTY SRO, registered office at Na Zlonín 269, 250 64, Czech Republic, identification number: 24187135, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 186809 hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter the "Buyer"). The online store is operated by the Seller at www.moroccansense.com through a web interface (hereinafter referred to as the “Web Store Interface”).
1.2. The Terms and Conditions further regulate the rights and obligations of the parties in using the Seller's website located at www.alassala.cz (hereinafter referred to as the “Website”) and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods in the course of his business.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the 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 written in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 5 years, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All offers for the sale of goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding these goods.
3.2.The web interface of the shop contains a list of goods offered by the seller for sale, including the prices of the individual goods offered. The prices of the offered goods include VAT and all related fees. The offer of sale of goods and prices of these goods remain valid as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively 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 by the buyer, to detect and correct errors caused when entering data into the order. The buyer sends the order to the seller by clicking on the "confirm order" button. The data listed in the order they are deemed correct by the seller.
3.6. Sending an order is considered to be an act of the buyer that undoubtedly identifies the goods ordered, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft contract for the contracting parties. The validity of the order is conditioned by filling in all required information in the order form, familiarizing themselves with these terms and conditions on the website and confirming the buyer that they have read these terms and conditions.
3.7. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order either by telephone or by e-mail, to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as "Buyer's E-mail Address").
3.8. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
3.9. The draft purchase contract in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.11. In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send the buyer to the buyer's email address a modified offer indicating possible variants of the order and request the buyer's opinion.
3.12. The amended offer is considered to be a new draft purchase agreement and the purchase agreement is in such a case concluded only upon the acceptance of the buyer by e-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 the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller in the following ways:
- in cash at the Seller's collection point at CUT & DRY MARINO, Pštrossova 8, Prague 1;
- cash on delivery at the place specified by the buyer in the order;
- by bank transfer in CZK to the Seller's Account No. 107-939520287 / 0100, maintained with Komerční banka (hereinafter referred to as the “Seller's Account”);
-by bank transfer in EUR to the Seller's Account No. 115-7627530277 / 0100, maintained with Komerční banka (hereinafter referred to as the “Seller's Account”) ;
- by credit card GoPay
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay 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 goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is due within 7 days from the conclusion of the purchase contract.
4.5. In 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 of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order (Article 3.8), to request payment of the entire purchase price before sending the goods to the Buyer.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is usual in the business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller is a payer of value added tax. The tax document - the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that pursuant to Section 53 (8) of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from the purchase contract for the wishes of the buyer, as well as perishable, worn or obsolete goods, from the purchase contract for the supply of audio and video recordings and computer programs, the consumer violated their original packaging, and from the purchase contract for the supply of newspapers, periodicals and magazines.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days in accordance with Section 53 (7) of the Civil Code. from receipt of goods. Withdrawal from the contract must be delivered to the seller within fourteen (14) days of receipt of goods. Withdrawal from the contract may be sent by the buyer to the address of the seller ALASSALA BEAUTY S.R.O., Zlonín 269, 250 64, Czech Republic, or to the seller's e-mail address info@moroccansense.com.
5.3. In case of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the seller within 10 working days of sending the withdrawal to the seller. The goods must be returned to the Seller undamaged and not worn and, if possible, in the original packaging.
5.4. Within fifteen (15) days from the return of the goods by the Buyer pursuant to Article 5.3 of the Terms and Conditions, the Seller shall be entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5.5. In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within ten (10) days of the end of the period for reviewing the goods according to Article 5.4 of the Terms and Conditions. to the Buyer, by bank transfer to the account designated by the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned to the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for refund of the purchase price.
5.7. Until the Buyer accepts the goods, the Seller is entitled to withdraw from the 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 the account specified 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 proviso that if the consumer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of goods is determined by the seller, unless otherwise specified in the purchase contract. If the mode of transport is agreed upon at the request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods upon delivery, the seller is entitled to charge a storage fee of CZK 200 (in words: two hundred Czech crowns) or the seller is entitled to withdraw from the purchase contract.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. By signing the delivery note, the buyer confirms that the package of the consignment containing the goods was intact.
6.5 In the case of transport outside the EU and the shipments are subject to customs procedures, the Buyer is obliged to pay the assessed import duty to the country in question.
6.6. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, shall be governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. Of the Civil Code).
7.2. The Seller is responsible to the Buyer for the fact that the item sold is in conformity with the Purchase Agreement, in particular that it is free from defects. Conformity with the contract of sale means that the goods sold have the quality and utility properties required by the contract, described by the seller or its representative, or expected by their advertising, or the quality and utility properties of such a type usual to meet legal requirements , is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the seller for the use of the item or for which the item is usually used.
7.3. If the item is not in conformity with the purchase contract upon the takeover by the buyer (hereinafter referred to as “conflict with the purchase contract”), the buyer has the right for the seller to return the item to the condition corresponding to the purchase contract the buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before taking over the item or caused the conflict with the purchase contract itself. Any conflict with the Purchase Agreement, which becomes apparent within six (6) months from the date of receipt of the item, shall be deemed to exist already upon receipt of the item, unless this is contrary to the nature of the item or proves otherwise.
7.4. If the goods are not perishable or used, the Seller is responsible for defects that appear as a contradiction with the purchase contract after the receipt of the item within the warranty period (warranty).
7.5. The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty, are claimed by the Buyer at the Seller's ALASSALA BEAUTY S.R.O., Zlonín 269, 250 64, Czech Republic or in writing at info@moroccansense.com. The moment when the seller has received the goods from the buyer is considered the moment of claiming.
7.6. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the Seller's Complaints Procedure.
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 Buyer acknowledges that the software and other components constituting the web interface of the store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to engage in any activity that could allow him or third parties to tamper with or misuse the software or other components constituting the web interface of the store.
8.3. The Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the Store Web Interface when using the Store Web Interface. The web interface of the shop can be used only to the extent that it does not prejudice the rights of other customers of the seller and which is in accordance with its purpose.
8.4. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 53a (1) of the Civil Code.
8.5. The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the website or from the use of the website in violation of its purpose.
9. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL INFORMATION
9.1. The protection of the personal data of the buyer who is a natural person is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The Buyer agrees to the processing of his / her personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract, for the purpose of maintaining a user account and for sending information and commercial communications to the Buyer.
9.4. The Buyer acknowledges that he / she is obliged to present his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the shop) correctly and that he / she is obliged to inform the Seller without undue delay of any changes in his / her personal data.
9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, the Seller shall not pass on personal data to third parties without the Buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information.
9.8. Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation. This may include blocking, correcting, supplementing or destroying personal data. If the Buyer's request under the previous sentence is found justified, the Seller or the processor shall immediately remedy the defective condition. If the seller or the processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the Buyer's right to contact the Office for Personal Data Protection directly with its complaint.
9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2. The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without depositing so-called cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11. DELIVERY
11.1. Notices concerning the Seller's and Buyer's relations, in particular concerning withdrawal from the Purchase Agreement, must be delivered by registered mail, unless otherwise specified in the Purchase Agreement. Notifications shall be delivered to the appropriate contact address of the other party and shall be deemed delivered and effective upon delivery by post, with the exception of the withdrawal notice made by the Buyer when the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
11.2. Notification shall also be deemed delivered if its receipt has been refused by the addressee, has not been picked up during the storage period, or has been returned as undeliverable.
11.3. The Contracting Parties may deliver regular correspondence to each other by e-mail to the e-mail address specified in the Buyer's user account or specified by the Buyer in the order, respectively. to the address on the seller's website.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. The seller is entitled to sell goods on the basis of a trade license and the activity of the seller is not subject to any other authorization. Trade control is carried out within the scope of its competence by the appropriate trade licensing office.
12.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the purchase contract or the terms and conditions require written form.
12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.5. Seller's contact details: delivery address ALASSALA BEAUTY S.R.O., Zlonín 269, 250 64, Czech Republic, email address info@moroccansense.com, phone +420 725 827 898 or +420 777 100 651.