The supplier Aether Institute sro

with its registered office at Na lysině 658/25, Podolí, 147 00 Prague 4, IČ: 05682606, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 268872, for the sale of goods through an online store located at www. aethereclinic.com for contractual relations between this company and consumers.

 

1. Introductory provisions

1.1. These business conditions (hereinafter referred to as ” business conditions “) of the business company  Aether Institute sro  with its registered office at Na lysině 658/25, Podolí, 147 00 Prague 4, IČ: 05682606, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 268872 (hereinafter referred to as the “ Seller ”), regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “ Civil Code ”), mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “ purchase contract ”) concluded between the seller and the consumer (hereinafter referred to as the “ buyer ”).“) Through the seller’s online store. This website is operated by the seller on a website located at the internet address www.aethereclinic.com (hereinafter referred to as the ” website “), through the interface of the website (hereinafter referred to as the ” web interface of the clinic “).

1.2. The seller is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the purchase contract. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services.

1.3. The buyer is a customer of the seller’s online store. Due to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer:

1.3.1. Buyer – a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a purchase contract with an entrepreneur or otherwise deals with him.

1.3.2. A buyer who is not a consumer is an entrepreneur. Any person who concludes purchase contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur, is also considered an entrepreneur.

1.4. These terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession. For legal relations between the seller and entrepreneurs, the application of the terms and conditions specified for these other legal relations applies.

1.5. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.6. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

 

2. Customer’s account

2.1. Based on the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as ” user account “). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change without undue delay after the change of data. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller. The seller is not obliged to compensate the buyer for the damage caused to the buyer by the buyer entering incorrect data in the user account or when ordering goods, or by not changing these data in the user account, although he was obliged to update them.
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 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 2 years to order goods from the seller, or if the buyer violates its obligations under the purchase agreement (including business conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

 

3.        Conclusion of the purchase contract

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store 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 the order form in the web interface of the store. The order form contains in particular information about:

3.4.1. the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),

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

3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as ” order “).

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even 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 on the “Confirm order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the ” Buyer’s e-mail address “). By confirming receipt of the order, the seller confirms that the order has been delivered.

3.6. 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 (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer (purchase contract) arises when the buyer receives the order (acceptance of the order), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address. Acceptance of the order also means the delivery of a description of the following procedure for payment for goods and delivery of goods to the buyer’s email address.

3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

3.9. By sending the order, the buyer confirms that he has read these terms and conditions, including the complaint procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them.

 

4.        Price of goods and payment terms

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways, which are specified in detail in the link “About the purchase – PAYMENT OPTIONS” of the website:
in cash at one of the seller’s branches;
in cash on delivery at the place specified by the buyer in the order;

online payment card;
cashless transfer to the seller’s account No. 9778939001/5500 ,  kept with Raiffeisen Bank (hereinafter the ” seller’s account “);

4.2. Along with the purchase price, the buyer is obliged to pay the seller 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 a deposit or other similar payment from the buyer. This does not affect 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 in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address.

 

5.        Withdrawal from the purchase contract

5.1. The buyer acknowledges that in the case of contracts specified in the provisions of § 1837 of the Civil Code, he cannot withdraw from the purchase contract for the supply of goods.

5.2. If it is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms Annex No. 1 to these terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller’s office or to the seller’s e-mail address eshop@aetherinstitute.com

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) 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 goods to the seller, even if the goods can not be returned due to its nature by regular mail.

5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer, unless otherwise agreed. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before receiving the returned goods.

5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.

5.6. 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 will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.

5.7. 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 untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.

5.8. The seller reserves the right to cancel the order for goods marked with the term “Unavailable” if the goods can no longer be delivered or replaced by another model or if its price has changed significantly and the buyer does not accept this before the purchase contract. The seller informs the buyer about this situation. If part or all of the order has been paid, the money will be returned to the buyer in the same way as the seller received it from the buyer, unless otherwise agreed.

5.9. The seller reserves the right to cancel the order or withdraw from the purchase contract, if it has already been concluded, if the seller finds that the buyer provided false information when negotiating the contract or opening a user account, or finds that the buyer is a person in liquidation or a debtor in insolvency proceedings or execution proceedings. The buyer has the right to withdraw from the purchase contract in the event that the seller becomes a debtor in insolvency proceedings after the conclusion of the purchase contract.

 

6.        Transportation and delivery of goods

6.1. The buyer chooses the method of transport of goods offered by the seller on the website in the electronic shopping cart section of the web interface of the store. In the event that another mode 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 mode of transport.

6.2. If, according to the purchase contract, the seller is obliged 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.

6.3. In the event that for 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 repeated delivery of goods, respectively. costs associated with another method of delivery.

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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods can be specified in detail in the link “About the purchase – METHOD OF TRANSPORT” of the website.

 

7. Defective performance rights

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.

7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted 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 shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods.

7.4. If the defect becomes apparent within one month of receipt, it is considered that the goods were defective at the time of receipt.

 

7.5. Increased sensitivity or a case of allergic reaction to the delivered goods cannot in itself be considered a defect of the goods.

 

7.6 The actual appearance of the goods delivered to the customer may not always correspond to the representation of the goods offered on the website. Especially after the renewal of the range of goods by manufacturers, there may be changes in the appearance and modification of products. The customer is not entitled to make any claims for defects in the goods, if such changes are reasonable.

7.7. The rights arising from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the seller’s registered office. In the event of a dispute or doubt, the moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.

7.8. Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure (Appendix No. 2 to these terms and conditions).

 

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. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

8.3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.4. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

 

9.        Protection of personal data

9.1. The protection of personal data of the buyer, who is a consumer, 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 the following personal data: name and surname, residential address, delivery or billing address, if different from the residential address, 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 purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

9.5. The seller may authorize a third party to process the buyer’s personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.

9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.

9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if 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 thus created.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

 

10. Sending business messages and storing cookies

10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.

11. Delivery
11.1. It can be delivered to the Buyer by the Seller to the e-mail address specified in his user account or specified by the Buyer in the order. This method of delivery between the contracting parties is also valid for the delivery of mutual legal actions of the contracting parties. The e-mail address specified in the buyer’s user account or specified by the buyer in the order or in connection with it is considered correct and unambiguously identifying the buyer, if this address was verified by the seller in the required manner when registering the buyer’s user account.

 

12.    Final Provisions

12.1. All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.).

12.2. These terms and conditions are valid as stated on the seller’s website on the day of concluding the purchase contract. After its acceptance, the buyer’s order is archived for the purpose of its fulfillment and further records as proof of the concluded contract between the buyer and the seller, and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of concluding it. By purchasing, the buyer agrees to the sending of commercial messages.

12.3. These terms and conditions allow the buyer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as valid on the day of concluding the purchase contract, including the obligation to pay the purchase price of the ordered goods specified in the confirmed order, unless in a specific case demonstrably agreed otherwise.

12.4. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of the buyer arising from generally binding legal regulations.

12.5. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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 additions to the purchase contract or business conditions require a written form.

12.6. Documents on the concluded purchase contract, including business conditions, are archived by the seller in electronic form and are not accessible.

12.7. Annex No. 1 to the Terms and Conditions consists of “Sample form for withdrawal from the purchase contract, including instructions on the right to withdraw from the contract” and Annex No. 2 “Complaints Procedure”.

12.8. The contact details of the seller are specified in detail in the “Contacts” link of the website in question. These terms and conditions take effect on 19.10.2020.

 

Annex no. 1

Instructions on the right to withdraw from the purchase contract

1. The right to withdraw from the purchase agreement

1.1. You have the right to withdraw from this contract within 14 days without giving a reason, when the period runs from the day when you or a third party designated by you (other than the carrier) takes over the goods, or the last part of the goods if the goods are delivered in parts.

1.2. For the purposes of exercising the right to withdraw from the contract, you must inform  Aether Institute sro with its registered office at Na lysině 658/25, Podolí, 147 00 Prague 4, IČ: 05682606, E-mail: eshop@aetherinstitute.com, in the form unilateral legal action (for example, by letter sent through the postal service provider, e-mail or fax). You can use the attached sample form to withdraw from the contract, but it is not your responsibility.

1.3. In order to comply with the deadline for withdrawal from this contract, it is sufficient to send the withdrawal from the contract before the expiration of the relevant period.

2. Consequences of withdrawal from the purchase contract

2.1. If you withdraw from this contract, we will return to you without undue delay, no later than 14 days from the date of receipt of the goods, all payments we have received from you. We will use the same means of payment you used to make the initial transaction for refunds, unless you have explicitly stated otherwise. We will return the payment only after receiving the returned goods.

2.2. You will bear the direct costs associated with returning the goods. You are only responsible for the reduction in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the nature and properties of the goods, including their functionality.

Sample form for withdrawal from the purchase contract
(fill in this form and send it back only if you want to withdraw from the contract):

Notice of withdrawal from the purchase contract: 

Addressee:
Aether Institute sro

with its registered office at Na lysině 658/25, Podolí, 147 00 Prague 4, IČ: 05682606

I / we declare (*) that I hereby withdraw (*) from the purchase contract:
a) on the purchase of these goods (*) ………………………………………………………. ………………………………….

Date of order (*) / date of receipt (*):.

Name and surname of buyer (s):
………………………………………………………………………………………………………………… ……………………………

Address of buyer (s):
……………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… …………………………………

Signature of the buyer (s) (only if this form is sent in paper form):
………………………………………………………………………………………… ……………………………………………………

Date:
……………………………………………………………………………………………………………………………… ………………

(*) Strike out what does not apply or complete the information.

 

Annex No. 2

Complaints Procedure

business company Aether Institute sro

with its registered office at Na lysině 658/25, Podolí, 147 00 Prague 4, IČ: 05682606

entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 268872, for the sale of goods through an online store located at the Internet address …………….

These Complaints Rules have been prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter the “Act”) and apply applies to consumer goods (hereinafter referred to as “goods”), for which the rights of the buyer from liability for defects (hereinafter referred to as “claims”) are exercised during the warranty period.

 

Defects of goods

The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods,
· the goods have the characteristics agreed upon by the parties and, in the absence of agreement, those characteristics described or expected by the buyer with respect to the nature of the goods and advertising carried out by them,
· the goods are fit for the purpose which for its use vendor lists or for which goods of the same type are normally used
· goods correspond to the quality or implementation of the agreed sample or draft, if it was quality or performance determined in accordance with the agreed sample or template ,
· The goods are in the appropriate quantity, measure or weight, and
· the goods comply with the requirements of legal regulations.

Rights from defects in goods

If the goods do not have the above properties, the buyer may require the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer can only request replacement of the part; if this is not possible, he may withdraw from the contract.
However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
With regard to the completely exceptional nature of the delivered goods (expensive quality branded cosmetics), the buyer is obliged to complain about the goods in the original intact packaging and deliver all accessories received at the time of purchase, otherwise he has no right to complain about the goods.
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.

 

Deadlines

The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
The warranty period begins when the goods are taken over by the buyer. The guarantee cannot be provided after the expiration of the expiry date, which is stated on the packaging of each individual goods.

Other

The customer is not entitled to withdraw from the contract for goods that have been removed from the closed packaging and which cannot be returned for hygienic reasons (eg when opening cosmetics and other goods that come into direct contact with the skin). Products that have been used cannot be returned by nature.

The seller’s liability for defects does not apply to wear and tear caused by its normal use, for goods sold at a lower price for a defect for which a lower price was agreed, for used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it is from the nature of the goods.
At the request of the buyer, the seller is obliged to provide the buyer with a written confirmation of the obligations arising from defective performance to the extent provided by law (warranty card). If the nature of the goods allows it, it is sufficient to issue the buyer a proof of purchase (invoice) instead of the warranty card, containing the information that must be included in the warranty card. The warranty card must contain, among other things, the seller’s business name, his ID number and registered office. If a longer than statutory warranty is provided, the seller will specify the conditions and extent of the warranty extension in the warranty card.
The buyer is entitled to withdraw from the contract in all cases provided by law. Withdrawal is effective against the seller from the moment when the buyer’s declaration of withdrawal from the contract is delivered to him, if all the necessary legal conditions are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the parties are obliged to return everything they have provided under it. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the buyer returns the performance provided by the seller, only to the extent that is objectively possible in the situation.