Terms of service

TERMS AND 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 the sole proprietor Pavlína Kučírková Brettová – Bettybrands.cz, with its 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 the "seller" or "operator"), banking details: mBank, account number: 670100-2212561327/6210.

1.2. Buyer

1.2.1. The buyer is any visitor to the online store, whether acting 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 the contract, does not act within their business or other entrepreneurial activity (hereinafter referred to as the "consumer").

1.2.3. An entrepreneur is any person who is not a consumer. An entrepreneur is also considered to be any person who concludes contracts related to their business, production, or similar activity, or while carrying out their profession independently, or a person acting on behalf or on account of an entrepreneur (hereinafter referred to as the "entrepreneur").

1.3. 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 contractual parties arising in connection with or based on the purchase contract concluded between the seller and the buyer through 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. Unless explicitly stated otherwise in the purchase contract or its appendices, or unless the validity of certain provisions of these terms and conditions is explicitly excluded or otherwise modified by the purchase contract or another express agreement between the seller and the buyer, these terms and conditions apply to the mutual relations of the contractual parties.

1.3.3. Legal relations not expressly regulated by these general terms and conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code. Legal relations between the seller and the consumer shall also be governed by Act No. 634/1992 Coll., on Consumer Protection, as amended.

Conclusion of the Purchase Contract, Delivery Methods, and Payment

2.1. Offer of Goods

The goods offered through the pages of the online store bettybrands.cz are merely an offer of goods with an informative nature. The offer of goods does not constitute a proposal to deliver goods within the meaning of Section 1732 (2) of the Civil Code, and the operator is not obliged to conclude a purchase contract concerning the offered goods.

2.2. Order

2.2.1. The buyer can create an order using the form on the pages of the online store. When creating an order using the form, the buyer first selects the goods they are interested in. After selecting the desired quantity, delivery method (see Art. 2.4.1.), and payment method (see Art. 2.5.1.), the buyer confirms their order, thereby making a binding proposal to conclude a purchase contract between the buyer and the operator.

2.2.2. By sending the order, the buyer confirms that they have read these terms and conditions and agree to them in their entirety.

2.3. Conclusion of the Purchase Contract

2.3.1. The operator undertakes to accept the buyer’s proposal for the purchase contract (order) if the proposal is not contrary to the terms and conditions and the operator has no specific reason to believe that the buyer will breach the purchase contract. The operator confirms the acceptance of the proposal through a message sent to the buyer’s electronic address.

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

2.3.3. Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (e.g., internet connection costs or telephone call costs) are borne by the buyer.

2.4. Delivery Method

2.4.1. Unless otherwise agreed in the purchase contract, the method of delivery of the goods is determined by the seller. If the delivery method is agreed upon based on the buyer’s request, the buyer bears the risk associated with such a method of delivery, including any additional costs related to the chosen method of delivery.

2.4.2. The operator undertakes to inform the buyer of the dispatch of the goods to the electronic address provided by the buyer when creating the order.

2.4.3. The dispatch of the ordered goods means its dispatch to the address provided by the buyer when creating the order. The operator reserves the right to add delivery costs to the order price according to the current price list of the carrier.

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

2.5. Payment Method

2.5.1. The operator offers the following payment methods: online payment via the Stripe payment gateway, bank transfer after completing the order.

2.5.2. When choosing online card payment, the buyer will be redirected to the third-party payment server, where they will fill in the necessary payment details. After their validity is verified, the order will be confirmed, and the purchase price will be deducted from the buyer’s account.

2.5.3. When choosing bank transfer payment, the buyer pays the order price in advance to the seller's bank account. To process the order, the payment must be made under the variable symbol, which is the order number obtained upon completing the order. In the case of payment by bank transfer, the purchase price is considered paid on the day the relevant amount is credited to the seller's account.

2.5.4. In the case of cash on delivery, the operator reserves the right to add cash on delivery costs 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 order placement.

2.5.6. Prices of the offered goods and services are listed inclusive of VAT unless otherwise explicitly stated.

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 for the agreed price, and the buyer is obliged to accept the goods and pay the purchase price.

2.6.2. In case of a breach of the purchase contract or the terms and conditions by the buyer, the operator reserves the right to withdraw from the purchase contract. In such a case, the buyer is obliged to compensate the operator for all costs associated with their order, especially the costs of sending the goods if the buyer refuses to accept it.

2.6.3. The buyer is obliged to provide correct and truthful information, particularly when placing an order. The information necessary for concluding the purchase contract provided by the buyer is considered correct by the seller.

2.6.4. The seller is not bound by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code in relation to the buyer.

2.6.5. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765 (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 their user account or the one provided by the buyer in the order.

2.7. Gift Vouchers and Discount Codes

2.7.1. The buyer may enter codes contained in purchased gift vouchers and discount codes provided by the operator following their terms when placing an order.

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

cannot be applied repeatedly;
cannot be combined with each other.

2.7.3. Discount codes cannot be applied to sale items unless explicitly stated otherwise by the operator.

2.7.4. In the case of withdrawal from the purchase contract for any reason or any justified return of goods purchased using a discount code, the buyer is entitled only to a refund of the amount they actually paid with monetary funds. The seller may decide whether and in what value a new discount code will be issued to the buyer.

2.7.5. If a gift voucher or discount code has a limited validity period, the buyer is entitled to use the gift voucher or discount code only before its expiration. The seller does not provide cash or any other form of compensation for any 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 for a lower price than the value of the gift voucher or discount code, they are not entitled to receive the remaining value in cash or in the form of a new gift voucher or discount code for the unused value of the originally applied gift voucher or discount code.

2.7.7. If a gift voucher or discount code is applied in contradiction to the operator’s rules for using the given gift vouchers and discount codes, the operator has the right to reject such an applied gift voucher or discount code and withdraw from the concluded purchase contract. If any ambiguities arise in the interpretation of the rules, the operator’s interpretation shall apply.

3. Delivery of Goods

3.1. Delivery Time

3.1.1. The operator undertakes to send the goods to the buyer at the earliest possible time. If the delivery time is stated for the goods, it is only of an informative nature and is not binding for the operator.

3.1.2. The operator is not liable for any damages caused by delays in dispatch or delivery of the goods for any reason.

3.2. Transport, Delivery, and Acceptance of Goods

3.2.1. The buyer acquires ownership rights to the purchased goods upon its acceptance. At the moment of acceptance of the goods, the risk of damage to the goods also passes to the buyer.

3.2.2. The delivery includes a document of purchase, indicating the date of sale, the description of goods, purchase price, and seller’s details. Upon request, the seller will send a tax document electronically to the buyer.

3.2.3. Upon acceptance 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, to immediately notify the carrier. If damage to the package is found that indicates unauthorized entry into the shipment, the buyer is recommended not to accept the package from the carrier and to fill out a damage report. 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 the goods, mismatched items, etc., which were not apparent upon receipt of the shipment from the carrier, must be reported by the buyer immediately after their discovery. The operator is not liable for damage to the goods caused during transport if the buyer does not immediately make a claim in accordance with Art. 3.2.3 and 3.2.4 of these terms and conditions.

3.2.5. If it is necessary to deliver the goods repeatedly or in a different manner due to reasons on the buyer’s side, the buyer is obliged to pay the costs associated with the repeated delivery or the costs associated with a different method of delivery.

4. 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 remote communication means (via the online store), the consumer is entitled to withdraw from the contract without giving any reason and without any penalty within 14 days from the day of acceptance of the goods, in accordance with Section 1829 et seq. of the Civil Code.

4.1.2. The consumer must meet the following conditions:

the goods must be complete, undamaged, and in their original packaging, and
the goods must be demonstrably unused if they are partly or entirely protected by copyright law, or if they are intended for one-time use.

4.1.3. If the consumer notifies the operator on their customer account: https://shopify.com/60280963318/account within the statutory 14-day period that they are withdrawing from the contract, the purchase contract is canceled from the beginning.

4.1.4. The withdrawal period is considered to be maintained if the consumer sends the withdrawal notification to the seller within the 14-day period.

4.1.5. If the consumer withdraws from the purchase contract within the statutory 14-day period and the returned goods are incomplete, without packaging, or demonstrably used or damaged, the operator is entitled to claim compensation for damages and is entitled to offset such a claim for damages against the consumer's claim for a refund of the purchase price. In such a case, the operator returns to the consumer only the reduced purchase price.

4.1.6. The consumer acknowledges that according to Section 1837 of the Civil Code, they cannot withdraw from the purchase contract in the cases listed here, especially in the case of the delivery of goods that have been modified according to the buyer’s wishes or for the buyer, in the case of the delivery of goods that are subject to rapid deterioration, as well as goods that, after delivery, have been irreversibly mixed with other goods, goods in sealed packaging that the buyer has removed from the packaging and for hygienic reasons cannot be returned (e.g., underwear and swimwear), delivery of audio or video recordings or a computer program if the buyer has broken their original packaging, or delivery of newspapers, periodicals, or magazines.

4.1.7. If the buyer exercises the right to withdraw from the contract, they must send or hand over to the seller the goods they received, including all parts and accessories, without undue delay, no later than 14 days from the withdrawal.

4.1.8. If the consumer rightfully withdraws from the purchase contract, the operator is obliged to return all monetary funds, including the costs of delivering the goods corresponding to the cheapest offered delivery method, without undue delay and no later than 14 days from the withdrawal, using the same payment method as received, unless otherwise agreed with the consumer and provided that no additional costs are incurred.

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

4.1.10. If the consumer rightfully withdraws from the purchase contract, the operator shall return the shipping costs up to the value corresponding to the cheapest offered delivery method, usually an amount of 69 CZK. The amount refunded is based on the price list of the company Zásilkovna. If the consumer delivered the goods personally, they are not entitled to a refund for shipping costs.

4.1.11. If the goods cannot be returned due to their nature by regular postal services, the buyer has the right to a refund of the costs only up to the amount corresponding to the lowest offered delivery method, usually 69 CZK.

4.1.12. If the buyer withdraws from the purchase contract without justification and still sends the goods to the operator, the goods will not be accepted, or they will be returned to the consumer at their expense.

4.1.13. If a gift is provided to the buyer together with the goods, a gift agreement between the seller and the buyer is concluded with the condition subsequent that if the buyer withdraws from the purchase contract, the gift agreement ceases to be effective, and the buyer is obliged to return the provided gift to the seller along with the goods.

4.2. Withdrawal from the Purchase Contract by the Operator

4.2.1. The operator strives to maintain good market orientation with the goods sold; however, exceptional situations may arise when the operator will not be able to deliver the ordered goods under the terms agreed in the purchase contract. In such cases, the operator reserves the right to withdraw from the purchase contract.

4.2.2. The operator is also entitled to withdraw from the purchase contract if there have been significant changes in the prices of the supplier of the ordered goods, significant changes in the prices of transport, or if the operator finds that the goods were mistakenly offered at the wrong price and the buyer has not accepted the corresponding amendment to the purchase contract, i.e., an increase in the price of the goods or an increase in transportation costs.

4.2.3. The buyer acknowledges that the seller is entitled to withdraw from the purchase contract concluded with a buyer who, in any previous contractual relationships with the seller, substantially breached any of their obligations. For the purpose of withdrawal, a substantial breach of a previous contractual relationship is considered conduct within the meaning of Section 2002 (2) of the Civil Code.

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

5. 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 (especially Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.

5.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:

the goods have the properties that the parties agreed upon, and if there is no agreement, the goods have such properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on the advertising they conducted,
the goods are suitable for the purpose for which they are intended to be used by the seller, or for which goods of this type are usually used,
the quality or design corresponds to the agreed sample or template if the quality or design was determined according to 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.

5.3. The consumer is entitled to exercise the right of defect for consumer goods within the legally stipulated period, i.e., 24 months from the date of receipt. If the shelf life of the item is stated on the goods, its packaging, or in a manual attached to the goods or determined by other legal regulations, the legal provisions on quality guarantee shall apply. If a defect appears within 12 months of receipt, it is presumed that the goods were defective upon receipt.

5.4. The buyer can exercise their rights from defective performance with the seller at the seller's premises (pickup point). The moment of filing a complaint is considered to be the moment when the seller receives the claimed goods from the buyer.

5.5. When exercising the right of defective performance, the buyer is obliged to prove the purchase contract. The operator recommends submitting the purchase confirmation for this purpose.

5.6. The buyer must notify the seller of the defect, i.e., provide a description of the defect of the goods for which they are making the complaint.

5.7. The right to defect cannot be claimed if the buyer knew about the defect before taking over the item or if the buyer caused the defect themselves.

5.8. The seller or an authorized employee shall decide on the complaint from the consumer immediately, in complex cases within three working days. This period does not include the time necessary to assess the defect according to the type of goods or service. Complaints from the consumer, including the removal of defects, shall be settled by the seller without undue delay, no later than 30 days from the date of the complaint, unless the seller and consumer agree on a longer period.

5.9. If the operator does not reject the complaint, they shall issue a confirmation of acceptance to the buyer, which shall include, among other things, the identification of the operator and buyer, the content of the complaint as per the buyer, the manner in which the buyer requests the complaint to be resolved, the date and place of acceptance of the complaint, and the signature of the operator's employee.

5.10. The consumer is entitled to reimbursement of reasonable costs incurred in exercising their rights from defective performance.

5.11. The operator is obliged to inform the buyer of the complaint resolution and the method of resolving the complaint, either to the electronic address provided by the buyer when filing the complaint or through another contact detail that allows the buyer to be notified of the complaint resolution. The operator will specify a time limit for picking up the claimed goods in this notification.

5.12. If the buyer does not collect the claimed goods within the time specified by the operator, the operator is entitled to charge reasonable storage fees or to sell the goods on behalf of the buyer. The operator must notify the buyer in advance of this procedure and provide a reasonable additional period for the buyer to collect the goods.

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

6. Protection of Personal Data

6.1. The protection of the buyer’s personal data is governed by a separate document titled "GDPR: Personal Data Protection Conditions."

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

7. Customer Account

7.1. Based on the buyer's registration made in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders without registration.

7.2. When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in their user account whenever there is any change. The information provided by the buyer in the customer account and when ordering goods is 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 the confidentiality of information necessary to access their customer account. The seller is not liable for any misuse of the customer account by third parties.

7.4. The buyer is not entitled to allow third parties to use their customer account.

7.5. The seller may cancel the user account, especially if the buyer has not used their user account for an extended period, or if the buyer breaches their obligations arising from the purchase contract and these terms and conditions.

7.6. The buyer acknowledges that the user account may not be available continuously, particularly concerning necessary maintenance of the seller's hardware and software or necessary maintenance of hardware and software of third parties.

8. Final Provisions

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

8.2. If any provision of these terms and conditions is invalid or ineffective for any reason, this shall not cause the invalidity or ineffectiveness of other parts of the terms and conditions or the purchase contract.

8.3. The operator may amend or supplement the wording of the terms and conditions. The amended terms and conditions take effect on the date of their publication. The rights and obligations of the operator and the buyer arising before the effective date of the new terms and conditions are not affected by the change.

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

8.5. The seller is authorized to sell goods based on a trade license. Trade control is carried out by the relevant trade office within its scope. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

8.6. The contracting parties have agreed that any disputes between the operator and the buyer shall be subject to the jurisdiction of the courts of the Czech Republic. Any disputes between the operator and the consumer may also be resolved out of court. In such cases, the consumer can contact a dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online through the designated ODR platform. More information on out-of-court dispute resolution can be found here. Before resorting to out-of-court dispute resolution, the operator recommends that the buyer first use the email address info@bettybrands.cz to resolve the situation.

In Teplice, January 4, 2023