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Business terms / custom production

GENERAL TERMS AND CONDITIONS

The company Advanced Beauty Systems s.r.o.

These general terms and conditions (hereinafter referred to as the "GTC") govern the relations between the seller - the companies Advanced Beauty Systems s.r.o. in accordance with § 1751 of the Civil Code. Karlovo náměstí 288/17, 120 00 Prague 2 – New Town

ID number: 04403363 VAT number: CZ04403363

(hereinafter referred to as the "seller") and the buyer (hereinafter referred to as the "buyer") during the sale of goods, and this only applies to the sale of clothing offered and offered through websites with the domain www.w4it.cz and are an integral part of the purchase contract between the seller by the buyer.

I. Basic provisions

As part of the communication before the conclusion of the contract, the seller calculates the purchase price of the goods, which he communicates to the buyer, based on the buyer's inquiry regarding the specific goods. This price is valid for 30 days from its notification and is stated without VAT, it also includes transport charges, unless otherwise stated. If transport or other delivery costs are not included in the price and if the amount cannot be determined in advance, this amount will be charged additionally, in an amount dependent on the market prices of transport or other delivery costs.

The seller will send the buyer together with the purchase price the GTC, which can also be done in the form of a link on the website where the goods are sold. By subsequently sending the order to the seller, the buyer proposes the content of the purchase contract and confirms that he has read, understood the GTC and agrees with the content. Upon written acceptance of such a proposal by the seller, a purchase contract is concluded between the parties.

In the event of a discrepancy, the amendment in the purchase contract takes precedence over the amendment in the General Terms and Conditions.

II. Terms of delivery

The delivery date of the goods is agreed in the purchase contract, it is usually a period of 2 to 5 weeks, which starts after the agreement (by the buyer) of the goods, size and price and after payment of the sale price by the buyer. When agreeing on a specific date for the delivery of the goods, this date is extended by the time of the buyer's possible delay in providing the necessary cooperation.

The seller will deliver the goods to the buyer via a carrier to whom he will hand over the goods for delivery to the buyer no later than the day before the day of delivery. Before taking over the goods, the buyer is obliged to check whether the goods are complete and undamaged (hereinafter referred to as "deficiencies") and, upon taking over, to write down any deficiencies in the transport documents, or to write a record of any deficiencies with the transporter and obtain evidence of them. The buyer is obliged to inform the seller about such deficiencies no later than the following working day and, in accordance with the relevant rules, resolve the deficiencies with the carrier. Otherwise, the buyer runs the risk that the carrier will not take delayed complaints into account.

If the shipment of goods is returned to the seller as undelivered (especially because the addressee (buyer) has moved away, is unknown at the given address or the addressee (buyer) did not take delivery), the seller is entitled to ask the buyer again for the delivery address, or to make another delivery attempt shipments with goods. In the case of resending the shipment, the buyer will also pay the associated costs with the goods. If the buyer does not accept the shipment with the goods, the buyer will pay the seller not only the price of the goods and the costs of sending them, but also the costs related to resending the shipment, any storage of the goods and any other related costs.

III. Payment Terms

The buyer pays the seller the entire purchase price. When placing an order, the buyer pays the full price of the ordered goods by bank transfer or in cash according to the seller's instructions. After that, the seller starts the production of the ordered goods.

The seller will send the invoice to the buyer electronically to the e-mail address specified by him, if the buyer does not pay the price for the ordered goods in full, the seller is not obliged to produce the goods until such payment has been made, and the agreed delivery date of the goods is extended by the buyer's delay in payment. The seller has the right to cancel the order if it is not paid in full within 14 days of ordering it. The buyer will be informed of the cancellation of the order by the email from which he received the order for the goods.

The provision of § 2119 of the Civil Code does not apply.

V. Warranty, complaints, rights from defective performance and their application

The seller provides a warranty for the goods for a period of two years from the time the buyer takes over the goods.

The buyer will check the goods when they receive them, if possible, without unnecessary delay afterwards. The buyer is obliged to report any defects in the goods to the seller when taking over the goods, if not, if possible, without unnecessary delay after that, in writing with a precise description of the defects and the claim from the defects. In the case of claims of defects in the goods, the buyer cannot send the goods to the seller via a cash on delivery service or via a similar service associated with payment or other obligations on the part of the addressee, in these cases the seller is not obliged to accept the goods.

The buyer acknowledges that the goods can only be used properly, i.e. in accordance with their purpose and properties. The buyer knows the conditions of proper use of the goods. The seller does not recommend other than proper use, as it is possible to damage or destroy the goods.

The buyer arises from any defective fulfillment of rights in accordance with these GTC and the law.

The rights and obligations of the contracting parties regarding rights from defective performance are governed, unless otherwise agreed, by generally binding legal regulations, in particular the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code.

The warranty means the seller's commitment that the goods will be suitable for use for the agreed purpose for a certain period of time after delivery and that they will retain the agreed properties.

If the defect is rectifiable, the buyer can demand either repair or addition of what is missing, or a reasonable discount on the price. If the defect cannot be removed and if the goods cannot be used properly, the buyer can either withdraw from the contract or demand a reasonable discount on the price.

If the defect is rectifiable, the buyer can demand either repair or addition of what is missing, or a reasonable discount on the price. If the defect cannot be removed and if the goods cannot be used properly, the buyer can either withdraw from the contract or demand a reasonable discount on the price.

The goods are defective if they are not in the agreed quantity, quality and design, if they are not agreed, in a quality and design suitable for the purpose apparent from the contract, otherwise for the usual purpose.

The buyer's right from defective performance is based on a defect that the item has when the risk of damage passes to the buyer, even if it becomes apparent only later. The buyer's right is also based on a defect that arose later, which the seller caused by breaching his obligation.

If defective performance is a material breach of contract, the buyer has the right

a) to remove the defect by supplying new goods without defects or by supplying missing goods,
b) to remove the defect by repairing the goods,
c) for a reasonable discount from the purchase price, or
d) withdraw from the contract.

If the delivery of defective goods is a minor breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.

Warranty rights and defect rights are exercised by the buyer at the seller's address. The moment of exercise of rights is understood as the moment when the buyer handed over the goods to the seller with defects pointed out and with notification of the claimed claim.

Consumer

If the buyer is a consumer, the seller is responsible for ensuring that the item is free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,

a) the thing has the properties that the parties have agreed upon, and if there is no agreement, such properties that the seller has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b) the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,
c) the item corresponds to the quality or design in the model
d) is the thing in the corresponding quantity, measure or weight
e) the matter complies with the requirements of legal regulations.

If the buyer is a consumer and the defect becomes apparent within six months of receipt, it is considered that the item was defective upon receipt.

If the buyer is a consumer, he is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. This does not apply to:

a) for goods sold at a lower price due to a defect for which a lower price was agreed,
b) for the wear and tear of the goods caused by their usual use,
c) in the case of used goods, for a defect corresponding to the degree of use or wear that the goods had when the buyer took them over, or
d) if it follows from the nature of the goods.

The buyer, even the consumer, cannot withdraw from the contract with the seller, because it is a contract within the meaning of § 1837 of the Civil Code, namely a contract for the supply of goods that has been modified according to the wishes of the buyer or for his person.

In the event of a potential dispute between the seller and the buyer, it is possible, if the buyer is interested, to resolve the dispute out of court, which the seller prefers. In such a case, the buyer can contact the buyer with a proposal for such a solution. The buyer, who is a consumer, will be informed about the handling of the complaint or proposal for a solution within a reasonable period of time, or will be offered an amicable solution by the seller. Complaints from consumers can be helped to resolve through consumer organisations. Any complaints can be directed to supervisory or supervisory authorities, including those listed in these GTC.

VI. Information security and protection

All personal data are confidential, will be used only to fulfill the contract with the buyer and will not otherwise be published, provided to a third party, etc., with the exception of the situation related to the transport or payment system related to the goods and provision to the processor. Personal data provided by the buyer to the seller for the purpose of negotiating the contract and fulfilling the contract are collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on the protection of personal data, as amended , in electronic or printed form, the provision of data is voluntary. The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the concluded contract, until the time of his written expression of disagreement with this processing, the specified data are correct and accurate, and he will notify the seller of any changes. The buyer has the right to access his personal data and the right to correct it, including other legal rights to this data, an explanation from the seller and the removal of the objectionable condition.

Personal data protection is supervised by the Office for Personal Data Protection.

By purchasing goods from the seller, the buyer does not have any rights to use trademarks, registered brands, trade names, companies, company logos, patents, to exercise intellectual property rights or to use the legally protected results of the intellectual activity of the seller or other persons, unless in a specific case a special contract agreed otherwise.

The buyer is obliged to provide only true and complete information in connection with the conclusion of the purchase contract with the seller.

VII. Final Provisions

Relationships and possible disputes that arise on the basis of the contract between the seller and the buyer will be resolved exclusively according to the applicable law of the Czech Republic and will be resolved by the courts of the Czech Republic. If the relationship from such a contract contains an international element, it will be governed by the law of the Czech Republic.

These GTC are valid and effective from 1/11/2023.

The seller is entitled to change the wording of the GTC.

Seller's phone number: +420 775 996 244

Advanced Beauty Systems s.r.o.

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