BUSINESS CONDITIONS

Introductory Provisions

1.1. Operator

The online store at the address https://www.bettybrands.cz (hereinafter referred to as the "online store") is operated by a natural person Pavlína Kučírkova Brettová - Bettybrands.cz, with registered office at Panorama 231, 41501, Teplice - Hudcov, identification number: 76487601, registered in the trade register of the city of Teplice (hereinafter referred to as "seller" or "operator"), bank connection: mBank., account no.: 670100-2212561327/6210

1.2. Buyer

1.2.1. A buyer is any visitor to an online store, regardless of whether they act as a consumer or as an entrepreneur (hereinafter referred to as the "buyer").

1.2.2. A consumer is a natural person who, when concluding and fulfilling a contract, is not acting as part of his business or other business activity (hereinafter referred to as the "consumer").

1.2.3. An entrepreneur is a buyer who is not a consumer. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur (hereinafter referred to as "entrepreneur").

1.3. Business terms and conditions

1.3.1. These general terms and conditions (hereinafter referred to as the "terms and conditions") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract concluded between the seller and the buyer via the online store (hereinafter referred to as the "purchase contract").

1.3.2. The terms and conditions are an integral part of the purchase contract. If no deviating agreement is explicitly stated in the purchase contract or in its annexes, or the validity of some provisions of these terms and conditions is not excluded or otherwise modified by the purchase contract or other express agreement between the seller and the buyer, these terms and conditions shall otherwise apply to the mutual relations of the contracting parties.

1.3.3. Legal relations between the seller and the buyer not expressly regulated by these general terms and conditions are governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code. The seller's legal relations with the consumer are also governed by Act No. 634/1992 Coll., on consumer protection, as amended.

Conclusion of the purchase contract, method of transport and payment

2.1. Product offer

The goods offered through the website of the bettybrands.cz online store are an offer of goods that is only informative in nature. The offer of goods is not considered a proposal to deliver goods in the sense of § 1732, paragraph 2 of the Civil Code, and the operator is not obliged to conclude a purchase contract regarding the offered goods.

2.2. Order

2.2.1. The buyer can create an order using the form on the website of the online store. When creating an order using the form, the buyer first selects the goods he is interested in. After choosing the required quantity, the method of transport (see article 2.4.1.) and the method of payment (see article 2.5.1.), the buyer confirms his order, thereby submitting a binding proposal for the conclusion of a purchase contract between the buyer and the operator.

2.2.2. By sending the order, the buyer confirms that he has read these terms and conditions and agrees with them in their entirety.

2.3. Conclusion of the purchase contract

2.3.1. The operator undertakes to accept the buyer's proposal for a purchase contract (order) if this proposal does not conflict with the terms and conditions and the operator has no specific reason to believe that the buyer will violate the purchase contract. The operator will confirm receipt of the proposal via a message to the buyer's email address.

2.3.2. The contractual relationship between the operator and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the operator to the buyer at the electronic address that he specified in the order.

2.3.3. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (e.g. costs of internet connection or costs of telephone calls) are covered by the buyer himself.

2.4. Mode of transport

2.4.1. Unless otherwise agreed in the purchase contract, the method of delivery of the goods is determined by the seller. If the mode of transport is contracted based on the buyer's request, the buyer bears the risk associated with such mode of transport, including any additional costs for the chosen mode of transport.

2.4.2. The operator undertakes to inform the buyer about the shipment of the goods to the e-mail address that the buyer provided when creating the order.

2.4.3. Sending the ordered goods means sending them to the address specified by the buyer when creating the order. The operator reserves the right to add the costs of sending the goods to the order price according to the carrier's current price list.

2.4.4. In the case of sending goods abroad, the operator reserves the right to add additional costs for shipping abroad to the standard shipping price.

2.5. Method of payment

2.5.1. The operator offers a choice of the following payment methods: payment card via the Internet via the Gopay payment gateway, bank transfer after completing the order, cash on delivery upon collection from the carrier.

2.5.2. When choosing to pay with a payment card via the Internet, the buyer will be redirected to a third-party payment server after completing the order, where he will fill in the necessary payment information. After verifying their validity, the order will be confirmed and the purchase price deducted from the buyer's account.

2.5.3. When choosing to pay by bank transfer, the buyer pays the price of the order to the seller's bank account before it is processed. To complete the order, payment must be made under the variable symbol, which is the order number and which the buyer will receive upon completion of the order. In the case of payment for goods by bank transfer, the purchase price is considered paid on the day when the relevant amount is credited to the seller's account.

2.5.4 In the case of cash on delivery payment upon receipt of the goods from the carrier, the operator reserves the right to add the cost of cash on delivery equipment to the order price according to the carrier's current price list.

2.5.5. All changes, including price changes in the online store, are reserved. The price is valid at the time of ordering.

2.5.6. The prices of the offered goods and services are listed including VAT. If the price does not explicitly state that the price is without VAT.

2.6. Rights and obligations arising from the conclusion of the purchase contract

2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price, and the buyer is obliged to accept the goods and pay the purchase price.

2.6.2. In case of violation of the terms of the purchase contract or business terms by the buyer, the operator reserves the right to withdraw from the purchase contract. In such a case, the buyer is obliged to reimburse the operator for all costs associated with his order, in particular the costs of sending the goods, if the buyer does not take them over.

2.6.3. The buyer is obliged, in particular, to provide correct and true information when ordering goods. The data necessary for the conclusion of the purchase contract provided by the buyer are considered correct by the seller.

2.6.4. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

2.6.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

2.6.6. All communications from the seller can be delivered to the buyer at the electronic address specified in his user account or specified by the buyer in the order.

2.7. Gift vouchers and discount codes

2.7.1. When creating an order, the buyer can enter the codes contained on the purchased gift vouchers and discount codes provided by the operator in accordance with their rules.

2.7.2. Unless expressly stated otherwise by the operator, gift vouchers or discount codes:

it is not possible to apply repeatedly;
cannot be combined with each other.

2.7.3. In addition, discount codes cannot be applied to goods on sale, unless the operator explicitly states otherwise.

2.7.4. In case of withdrawal from the purchase contract for any reason or any other reasonable return by the buyer to the seller of goods purchased on the basis of a discount code, the buyer is only entitled to a refund of the amount that he actually paid for the purchase of the goods in cash. The seller can decide whether and in what value to issue a new discount code to the buyer.

2.7.5. If the gift voucher or discount code has a limited period of validity, the buyer is entitled to use the gift voucher or discount code only before it expires. The seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.

2.7.6. A gift voucher or discount code cannot be exchanged for cash. If the buyer purchases goods at a lower price than the value of the gift voucher or discount code, he is not entitled to a refund of the value of the gift voucher or discount code or to a new gift voucher or discount code for the remainder of the value of the original used gift voucher or discount code.

2.7.7. In the event that a gift voucher or discount code is used in violation of the operator's rules for the use of gift vouchers and discount codes, the operator has the right to reject the gift voucher or discount code applied in this way and withdraw from the concluded purchase contract. In the event that ambiguity arises during the interpretation of the rules, their interpretation determined by the operator shall apply.

Delivery of goods

3.1. Delivery time

3.1.1. The operator undertakes to send the goods to the buyer as soon as possible. The delivery period, if indicated on the goods, is only informative and is not binding for the operator.

3.1.2. The operator is not responsible for damages caused by delay in sending or delivering goods for any reason.

3.2. Transport, delivery and acceptance of goods

3.2.1. The buyer acquires the ownership right to the purchased goods by taking them over. The risk of damage to the goods also passes to the buyer at the moment of taking over the goods.

3.2.2. The delivery includes a proof of purchase of the goods, which states the date of sale, product label, purchase price and information about the seller. The seller will send the buyer a tax document in electronic form upon request.

3.2.3. When taking over 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 transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer is advised not to accept the shipment from the carrier and to fill out a record of damage to the shipment. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.

3.2.4. Complaints about mechanical damage to goods, non-matching goods, etc., which were not visible when taking over the shipment from the carrier, must be made by the buyer immediately after they are discovered. The operator is not liable for damage to the goods caused during their transport, if the buyer does not immediately claim this damage in accordance with paragraph 3.2.3. and 3.2.4. these terms and conditions.

3.2.5. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

Withdrawal from the purchase contract

4.1. Withdrawal from the purchase contract by the buyer

4.1.1. If the purchase contract is concluded using means of distance communication (via an online store), the consumer has, in accordance with § 1829 et seq. of the Civil Code, the right to withdraw from the contract without giving a reason and without any penalty within 14 days from the day of receipt of the goods.

4.1.2. The operator extends to the consumer the right to withdraw from the purchase contract concluded using means of distance communication for 30 days from the receipt of the goods, without giving a reason and without penalties, but after the expiration of the statutory 14-day period according to the previous paragraph, only if the consumer fulfills the following conditions:

the goods are complete, undamaged and in undamaged original packaging and
the goods are demonstrably unused if they are partially or completely protected by copyright law, or if they are intended for one-time consumption.

4.1.3. If the consumer notifies the operator within the legal 14-day period or the extended 30-day period that he withdraws from the contract, the purchase contract is canceled from the beginning. To withdraw from the contract, the consumer can use this form for withdrawal from the contract and complaints. The form should include at least the buyer's first and last name, order number, product description and refund account number.

4.1.4. The deadline for withdrawing from the purchase contract within the statutory 14-day period is considered to have been met if the consumer sends a notice to the seller that he is withdrawing from the contract during this period.

4.1.5. In the event that the consumer withdraws from the purchase contract either within the statutory 14-day period or the extended 30-day period and the returned goods are incomplete, without packaging or demonstrably used or damaged, the operator is entitled to compensation for damages against the consumer and is entitled as follows unilaterally set off the resulting claim for damages against the consumer's claim against the operator for the return of the purchase price. In such a case, the operator only returns the reduced purchase price to the consumer.

4.1.6. The consumer acknowledges that, according to § 1837 of the Civil Code, he cannot withdraw from the purchase contract in the cases mentioned here, especially in the case of the delivery of goods that have been modified according to the wishes of the buyer or for his person, and in the case of the delivery of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, goods in closed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons (e.g. underwear and swimwear), deliveries of audio or video recordings or computer programs, if violated their original packaging, or delivery of newspapers, periodicals or magazines.

4.1.7. In the case of exercising the right to withdraw from the contract, the buyer will send or hand over to the seller without undue delay, no later than 14 days from the withdrawal from the contract, the goods received from him, including all its components and accessories.

4.1.8. If the consumer legitimately withdraws from the purchase contract, the operator is obliged without undue delay, no later than 14 days after withdrawing from the contract, to return all funds, including the cost of delivery of the goods, in an amount corresponding to the cheapest method of delivery of the goods offered, basically in the same way as he accepted them. The seller will return the money received to the consumer in another way only if the consumer has agreed to it and if it does not incur additional costs.

4.1.9. If the consumer withdraws from the purchase contract, the operator is not obliged to return the received funds to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the operator.

4.1.10. If the consumer legitimately withdraws from the purchase contract, the operator will reimburse him the cost of postage in the amount corresponding to the cheapest offered method of sending the goods, usually an amount of CZK 110. The amount of the refunded amount is based on the Czech Post price list. If the consumer delivered the goods personally, he is not entitled to compensation.

4.1.11. In the event that the goods cannot be returned by the usual postal route due to their nature, the buyer has the right to a refund of costs only in the amount that corresponds to the cost of postage in an amount corresponding to the cheapest method of delivery of the goods offered, usually an amount of CZK 110.

4.1.12. If the buyer withdraws from the purchase contract without authorization and still sends the goods to the operator, the goods will not be accepted or will be sent back at the expense of the consumer.

4.1.13. 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 discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

4.2. Withdrawal from the purchase contract by the operator

4.2.1. The operator pays attention to a good orientation in the area of the market for the goods sold, nevertheless there may be exceptional situations where he will not be able to deliver the ordered goods under the conditions agreed in the purchase contract. The operator therefore reserves the right to withdraw from the purchase contract in such cases.

4.2.2. The operator has the right to withdraw from the purchase contract also if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of the transportation of the goods, or if the operator discovers that the goods were mistakenly offered at the wrong price and the buyer did not accept the relevant change purchase contracts, i.e. an increase in the price of goods or an increase in transport costs.

4.2.3. The buyer acknowledges that the seller is entitled to withdraw from the purchase contract concluded with the buyer who has materially breached any of his obligations in any of the previous contractual relationships with the seller. Violation of the previous contractual relationship in a substantial way is considered for the purposes of withdrawal from the contract as conduct within the meaning of § 2002, paragraph 2 of the Civil Code.

4.2.4. If the operator withdraws from the purchase contract, he is obliged to inform the buyer about this immediately at the electronic address provided by the buyer when creating the order. Furthermore, he is obliged to return the full purchase price of the goods to the buyer, if this has already been paid.

Complaints (Rights from defective performance)

5.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular §§ 1914 to 1925, §§ 2099 to 2117 and § 2161 to 2174 of the Civil Code) and the Consumer Protection Act.

5.2. The seller is responsible 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 properties agreed upon by the contracting parties, and if there is no agreement, they have the properties that the seller or manufacturer 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,
the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is the goods in the corresponding quantity, measure or weight and
the goods comply with the requirements of legal regulations.

5.3. The consumer is entitled to exercise the right from a defect that occurs in the consumer goods within the period specified by law, i.e. 24 months from receipt. If the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in accordance with other legal regulations, the legal provisions on the quality guarantee shall apply. If a defect becomes apparent within 12 months of receipt, it is considered that the goods were already defective upon receipt.

5.4. The buyer can exercise rights from defective performance with the seller at the address of his place of business (point of sale). The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

5.5. When exercising the right from defective performance, the buyer is obliged to prove the conclusion of the purchase contract. For this purpose, the operator recommends presenting a purchase confirmation in particular.

5.6. The buyer has the obligation to point out the defect to the seller, i.e. to provide a description of the defect in the goods for which he is advertising it.

5.7. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.

5.8. The seller or an employee authorized by him will decide on a complaint from the consumer immediately, in complex cases within 3 working days. This period does not include the time appropriate for the type of goods or service required for a professional assessment of the defect. Complaints from the consumer, including the removal of the defect, will be dealt with by the seller without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period.

5.9. If the operator does not reject the claim, it will issue the buyer with a confirmation of acceptance of the claim, which will contain, among other things, the identification of the operator and the buyer, what the content of the claim is according to the buyer, what method of handling the claim the buyer requires, the date and place of receipt of the claim and the signature of the operator's employee.

5.10. The consumer has the right to reimbursement of purposefully incurred costs associated with the exercise of his right from defective performance.

5.11. About the fact that the complaint has been handled and how the operator is obliged to inform the buyer, namely to the electronic address that he provided during the complaint or through other contact information, according to which it will be possible to notify the buyer about the handling of the complaint. In this notification, the operator will state the deadline for collecting the claimed goods.

5.12. In the event that the buyer does not pick up the claimed goods within the period set by the operator, the operator is entitled to charge a reasonable storage fee or to sell the goods on his own at the buyer's expense. The operator must notify the buyer of this procedure in advance and provide him with a reasonable additional period to take over the goods.

5.13. The operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods supplied, unless such loss, injury or damage to property was caused by negligence, omission or intent on the part of the operator.

Personal data protection

6.1. The protection of the buyer's personal data is governed by a separate GDPR document: Terms of personal data protection.

6.2. The buyer agrees to the storage of so-called cookies on his computer. Through the settings of his web browser, the buyer can manually delete, block or disable individual cookies. Individual cookies can also be blocked or enabled only for specific pages. More information is contained in the cookie policy .

Customer account

7.1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.

7.2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

7.3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

7.4. The buyer is not authorized to allow the use of the customer account by third parties.

7.5. The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.

7.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

Final provisions

8.1. The language of communication between the operator and the buyer and the language of the purchase contract is Czech. Concluded purchase contracts are archived by the operator in electronic form and are not accessible to other persons.

8.2. In the event that any provision of these terms and conditions is invalid or ineffective for any reason, this fact does not render the other parts of the terms and conditions or the purchase contract invalid or ineffective.

8.3. The operator may change or supplement the wording of the terms and conditions. The changed terms and conditions are effective on the day of their publication. The rights and obligations of the operator and the buyer arising before the date of entry into force of the new wording of the terms and conditions are not affected by the change.

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

8.5. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.6. The contracting parties have agreed that the courts of the Czech Republic have jurisdiction over any disputes between the operator and the buyer. Any disputes between the operator and the consumer can also be resolved out of court. In such a case, the consumer can contact an out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection , or resolve the dispute online through the dedicated ODR platform . You can find more information about out-of-court dispute resolution here . Before the out-of-court settlement of the dispute is approached, the operator recommends that the buyer first use the electronic address info@bettybrands.cz to resolve the situation.

In Teplice on April 1, 2023