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Terms and Conditions

 

1. Basic concepts and legislative shortcuts

 

1.1 The online shop at www.lashespro.com is hereinafter referred to as the "Shop"

1.2 Lashes PRO s.r.o., registered office: Ke Krči 1002/24, Prague - Braník 147 00, ID No.: 17365716, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 370664, which is the operator of the Shop is hereinafter referred to as "Operator".

1.3 An electronic order for goods or services created through the Shop is hereinafter referred to as "Order".

1.4 The entity (natural or legal person) using the services of the Store is hereinafter referred to as "User".

1.5 A natural person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a contractual relationship with the Operator through the Shop is hereinafter referred to as "Consumer".

1.6 A User who independently carries out a gainful activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so on a continuous basis for the purpose of making a profit within the framework of this activity enters into a contractual relationship with the Operator through the Shop, is hereinafter referred to as a "Entrepreneur".

1.7 These General Terms and Conditions are hereinafter referred to as the "GTC"

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2. GTC

 

2.1 GTC govern the rights and obligations between the Operator and the User arising from the Order.

2.2 These GTC are valid and effective from 1 March 2023 and supersede the previous version of the GTC including its components, and are available at the Operator's registered office and in the Shop.

2.3 The User agrees to these GTC when registering in the Shop and when creating an Order, in the version in force at the time the Order is created.

2.4 By agreeing to these GTC, the User confirms that he/she has read the contents of these GTC, including the Consumer Notice, the Complaints Policy and the Privacy Policy, before entering into the Contract.

2.5 The rights and obligations between the Operator and the User not governed by these GTC and written agreements shall be governed by the law of the Czech Republic.

 

3. Notice to Consumers

 

3.1 The Shop is primarily intended for Businesses in the beauty services trade. The goods offered within the Shop are intended for professional use and the Operator does not recommend their use by persons who do not meet the criteria of professional competence for the said craft trade or have not completed a professional course for the application of the type of goods. The Operator shall not be liable for any damages resulting from the unprofessional use of goods purchased in the Shop.

3.2 The Operator shall not charge the User for remote communication fees, except for contractual transportation and communication costs related to the User's breach of obligations or the User's unjustified claims.

3.3 The prices of goods and services within the Shop are inclusive of VAT and exclusive of VAT with the relevant marking and include all statutory charges. Prices do not include the cost of shipping, which is determined at the User's option within the Order.

3.4 For registered Users, the Operator may provide a discount on the normal price.

3.5 The Consumer shall have the right to withdraw from the contractual relationship established by the Order within a period of 14 days, starting from the nature of the Order as follows:

i. in the case of a single delivery of goods, on the date of receipt of the goods by the User;

ii. in the case of a delivery of several types of goods or parts of goods, on the date of receipt of the last delivery by the User;

iii. in the case of a regular recurring delivery of goods, on the date of receipt of the first delivery of goods;

3.6 The Consumer shall have the right to claim for any defect in the Goods which becomes apparent within 24 months of delivery to the Consumer. The Consumer is entitled to claim defects in the gifts described in clause 4.7 of the GTC within a maximum period of 14 days from the date of delivery.

3.7 The Consumer has the right to lodge a complaint with the Operator by contacting the Operator at the contact email address or via the contact form.

3.8 The Consumer has the right to lodge a complaint with a supervisory or state oversight body, such as the Czech Trade Inspection Authority, or to resolve the dispute online via the designated ODR platform.

4. Order

 

4.1 Services and goods from the Operator's offer published in the Shop can be ordered through the Order.

4.2 The operating hours of the Shop are continuous - this does not apply to necessary technical stoppages.

4.3 An Order is created by the User placing the selected goods or services in the basket and submitting the Order. Before submitting the Order, the User can change both the desired performance in the basket, as well as the method of transport and the method of payment.

4.4 The Operator shall not be liable for any data transmission errors in the creation of the Order.

4.5 The person creating the Order is obliged to include only true information about his/her person and the person of the User who is to enter into a contractual relationship with the Operator on the basis of the Order. By sending the Order to the Operator, the person confirms that he/she is authorized to make the Order on behalf of the User who is identified in the Order as the entity entering into a contractual relationship with the Operator. The person creating the Order shall be liable for the truthfulness of the data provided and any damage caused as a result of providing false data.

4.6 If the User provides an identification number within the Order, he/she acknowledges that he/she is considered a Business for the purposes of the relationship with the Operator and is not subject to the statutory or contractual provisions for the protection of Consumers.

4.7 For goods and services that are marked as "pre-order" within the Shop, only a preliminary indicative price is given, which may differ from the final price in a material way. Once the Operator has secured the goods, the User will be informed by email as specified in the Order of the final price of the goods. If the User has paid the provisional price before the final price of the goods is determined, the overpayment will be refunded to the User within 10 working days from the date of determination of the final price. If the circumstances on which the Operator relied at the time of the User's pre-order of the Goods change to such an extent that the Operator cannot reasonably be required to be bound by the pre-order, the Operator shall have the right to cancel the pre-order without further notice and to inform the User accordingly.

4.8 Additional goods or services designated as "gifts" may be provided by the Operator with the ordered goods or services. A User who is not interested in such goods or service shall notify the Operator without undue delay and the contents of the Order shall be delivered to the User by the Operator without the said gift. In the event that the User accepts the gift, the User is obliged to return such gift in the event of withdrawal from the contract - this does not apply to usable items.

4.9 As part of the creation of the Order, the User selects the method of delivery from the offer, for which the price of transport is indicated, which will be added to the price of the goods and services ordered, as well as the approximate delivery time. The Operator may provide a contribution to the cost of transport.

4.10 Delivery dates are given within the Shop as an indication and may differ from the actual delivery date. The Operator reserves the right to change the delivery date, which does not affect the Consumer's right to withdraw from the contractual relationship established by the Order. The Operator shall not be liable for any delay by the carrier in delivering the ordered goods.

4.11 By submitting an Order, the User agrees to receive commercial communications from the Operator. The User may withdraw their consent at any time – by writing to the email, data box, or registered mail to the Operator's contacts listed in section 11 of these General Terms and Conditions.

5. Conclusion of the contract

 

5.1 The conclusion of the Contract shall take place upon confirmation of the Order by the Operator by sending an email message specified by the User within the Order. In the case of Course Orders and Orders of Businesses that are subject to VAT, the contract is also subject to the payment of the price.

5.2 By concluding the Contract, the Operator undertakes to hand over the ordered goods to the User, to enable the User to acquire ownership of the goods and to ensure the possibility of using the ordered service. The User undertakes to pay the Operator the price of the ordered goods and services.

5.3 In the event that the Operator cannot deliver the ordered goods or service, the Operator shall notify the User of this fact and the contract shall terminate for impossibility of performance. The Operator shall have the right to cancel the Order and withdraw from the Contract or any part thereof in the following cases:

i. the ordered goods are not produced

ii. the price of the subcontracted goods has changed, which the Operator could have foreseen at the time of the Order;

iii. the price of the Goods as set out in the Shop contained a clerical error in the expression of the price;

iv. for Course Orders where its minimum course capacity was not met on the date in question;

5.4 If the User has previously paid the price, the Operator will refund the price to the User within 10 working days of the date on which the User is provided with the bank account details of the account to which the price is to be refunded.

5.5 If the Operator delivers a larger quantity of Goods to the User and the User does not reject those Goods, the Contract shall be deemed to be concluded for that larger quantity of Goods without any change to the purchase price.

5.6 The concluded contract may be changed only by agreement of the parties, excluding verbal agreement, and in cases provided for by the legal regulations of the Czech Republic and the GTC.

5.7 The ownership right to the ordered goods passes to the User upon acceptance of the goods.

5.8 The purchase of goods or services does not give the User any right to use registered brands, trade names, company logos, unless otherwise agreed in a specific case by a special contract.

 

6. Delivery of ordered goods and services

 

6.1 The Operator shall fulfil its obligation to hand over the item to the User if it allows the User to dispose of the item at the place of performance and notifies the User in due time.

6.2 In the case of delivery of the goods by a third party (carrier), the goods shall be delivered:

a) to the Entrepreneur by handing over the goods to the first carrier for carriage and enabling the Entrepreneur to exercise its rights under the contract of carriage against the carrier;

b) To the Consumer at the time the goods are handed over to him by the carrier.

6.3 Unless otherwise provided in the Contract, the Operator shall pack the Goods in a manner necessary for the preservation and protection of the Goods. The Operator shall provide the goods for carriage in the same manner.

6.4 The Operator shall not hand over the goods with a value exceeding CZK 20,000 to the User for transport until the purchase price has been paid in full.

6.5 The User undertakes to accept the goods at the agreed time at the address specified in the Order.

6.6 Upon acceptance of the goods, the risk of damage to and destruction of the goods shall pass to the User.

6.7 Upon receipt of the goods, the User shall check the physical integrity and completeness of the shipment.

6.8 The User is obliged to refuse to accept the damaged shipment from the carrier and to make a written record of this fact with the carrier, including a description of the damage to the shipment. The User is obliged to inform the Operator about the whole matter without undue delay.

6.9 After taking delivery of the goods, the User shall inspect the goods without undue delay and inform the Operator of any defects found within 5 days from the date on which the goods were delivered to the User. Notification of any defects found must be made by the User in writing (by e-mail) and must specify in the notification the defects found and how they manifest themselves.

 

7. Warranty, claims and rights under defective performance

 

7.1 The Operator is obliged to deliver to the User the ordered goods without defects.

7.2 An item is defective if it does not have the agreed characteristics. The performance of another thing and defects in the documents necessary for the use of the thing are also considered defects.

7.3 The User's right of defective performance is based on the defect that the item has when the risk of damage passes to the User, even if it manifests itself within 6 months from the date of delivery and, in the case of delivery of the item to the Consumer, within 24 months from the date of delivery.

7.4 A defect in the item of which the User was aware at the time of placing the Order shall not give rise to the User's rights under the defective performance.

7.5 A defective performance by the Operator is not a defect or fault in the Goods which has arisen:

i. damage after the risk of damage has passed to the User;

ii. by operating the product in unsuitable conditions;

iii. improper installation;

iv. use contrary to the manufacturer's recommendations;

7.6 Warranty and service conditions are set out in the relevant warranty certificates for the products concerned. These warranty and service conditions shall be delivered by the Operator to the User at the latest together with the product concerned.

7.7 Liability for defects in consumer goods shall not apply to:

i. a defect for which it has been sold by the Operator at a reduced price and this fact has been indicated in the offer within the Shop;

ii. wear and tear caused by normal use of the item;

iii. a defect corresponding to the level of use or wear and tear of the item that was offered as used, and the item had it when the User took possession of it;

iv. the use of the item;

v. if the nature of the item so requires;

7.8 In the case of consumer goods for which the manufacturer sets an expiry date, the period of the guarantee of quality is reduced to the expiry date stated on the goods.

7.9 A claim shall be made by the User:

a) via the form within the Shop;

b) by email to the contact email address info@lashespro.cz from the email address provided in the Order;

c) by registered letter to the Operator's delivery address;

d) by data message to the Operator's data box.

7.10 Sufficient identification is a condition for the validity of a claim:

i. User;

ii. the goods claimed;

iii. The order under which the goods were delivered;

iv. a description of the defect and how it manifested itself.

7.11 The Entrepreneur is not entitled to claim for a defect in the gift described in clause 4.7 of the GTC.

7.12 The Operator shall be entitled to reject a claim for goods in cases where the goods and/or parts thereof claimed are contaminated or do not meet the basic requirements for the hygienically safe submission of the goods for claim. In the case of a claim for equipment with a fuel tank, the tank must be empty at the time of acceptance for claim.

7.13 The Operator shall deal with a claim made within 30 days of the date on which the claim is received by it. The Operator shall issue the User with a written confirmation of the date and manner of the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.

7.14 The User shall receive the claim without undue delay within 30 days of being informed of the claim, which period may not expire earlier than 60 days from the date of the claim.

7.15 The User shall be entitled to reimbursement of reasonable costs associated with making a legitimate complaint. These costs are understood to be the least necessary. In particular, this includes the postage costs for sending the claim. These costs may not include the car journey for the claim and express transport and other similar costs. Reimbursement of costs must be requested without undue delay, but no later than 1 month after the end of the period for exercising rights under the defective performance.

7.16 In the event of a justified rejection of a claim, the User shall reimburse the Operator for the costs associated with the handling of the claim.

 

8. Withdrawal of the User

 

8.1 The User has the right to withdraw from the contractual relationship established by the Order within 24 hours of its creation without giving any reason.

8.2 The terms and conditions for Consumer withdrawal are set out in Section 3. GTC.

8.3 Withdrawal is not possible for the following types of goods and services:

i. the provision of services already provided by the Operator with the prior express consent of the User before the expiry of the withdrawal period;

ii. goods or services whose price depends on financial market fluctuations independent of the Operator's will and which may occur during the withdrawal period;

iii. goods that have been modified at the User's request or for the User's person;

iv. goods that are perishable, as well as goods that have been damaged after delivery, except for defects in goods covered by the possibility of a claim;

v. goods which have been damaged or excessively worn out after the risk of damage has passed to the User;

vi. consumer goods (e.g. cosmetics, drugstore products, etc.) if they have been damaged, used or their original packaging has been broken;

vii. courses provided by the Operator - for the avoidance of doubt, the Operator shall be entitled, alternatively, in the event of a User's request to cancel a Course Order, to accept such User's request, but the User shall in such event be obliged to pay the Operator a cancellation fee in the amount of the value of the course.

8.4 The User may withdraw from the contractual relationship in the following ways:

a) via the form within the Shop;

b) by email to the Operator's contact email address from the email address provided in the Order;

c) by registered letter to the Operator's delivery address;

d) by data message to the Operator's data box.

8.5 Sufficient identification is a condition of the validity of the withdrawal:

i. User,

ii. the returned goods;

iii. The order under which the goods were delivered;

iv. the bank account to which the User is to be refunded the price of the goods - in the case of a Consumer, the refund can be made by postal order;

v. the reason for withdrawal, unless it is a case of withdrawal to which the User is entitled without giving a reason.

8.6 The costs associated with the User's withdrawal from the contractual relationship established by the Order shall be borne by the Operator, as well as the costs associated with the return of the goods to the Operator in the event of withdrawal.

 

9. Delivery of the goods to the Operator in case of complaint and withdrawal

 

9.1 The User shall deliver the goods to the Operator within 14 days of the date of the claim for defective goods or withdrawal.

9.2 Returns can only be made to the Operator's delivery address for returns and claims.

9.3 The Goods must be returned complete, i.e. including all accessories supplied, with full documentation, undamaged, clean, including original packaging where possible, in the condition and value in which the User received the Goods. Together with the goods, the User is obliged to provide the Operator with the identification of the reason for the return of the goods, i.e. a written complaint, the complaint number or withdrawal number, or the output of the relevant form.

9.4 In the event that the goods are returned by carrier, the User shall prepare and pack the goods in such a way as to prevent damage to the goods in transit, in such manner as may be reasonably required having regard to the choice of mode of transport and delivery.

 

10. Refund of price

 

10.1 If the User withdraws from the Contract or any part thereof, the Operator shall refund the price of the Goods to the User within 14 days of the date on which the User duly returns the Goods to the Operator.

10.2 The Operator may unilaterally set off against the claim for refund the claim for compensation for diminution in value of the goods, depending on the nature of the User's entity, as follows:

a) for Consumers only for diminution in value of the goods resulting from handling the goods contrary to their usual nature, characteristics, general ordinary care and the manufacturer's recommendations;

(b) in the case of Entrepreneurs, for the total diminution in value of the goods compared to the value at the time the goods were delivered to the Entrepreneur and the cost of reintroducing the goods to the sale.

10.3 The Operator shall refund the price to the User to the account specified by the User as part of the written withdrawal. In the case of a Consumer, a refund by postal order is also possible.

10.4 In case of User's consent, refund is possible by providing a voucher for the purchase within the Shop.

 

11. Operator's contact details

 

11.1 The contacts for communication with the Operator are:

phone +420 228 227 652,

email: info@lashespro.cz

headquarters address: Lashes PRO s.r.o., Ke Krči 1002/24, Prague 4, 147 00

delivery address for return shipments and complaints:

Lashes PRO s.r.o., Havlíčkova 289, 285 31, Nové Dvory

data box: 2cjkzwh

11.2 Users are obliged to preferably use email to communicate with the Operator, provided that sending an email message from the address specified in the Order to which the message relates or from the address specified by the User in the registration within the Shop is considered sufficient identification of the User as the sender of the message.

 

12. Privacy Policy

 

12.1 The Operator is obliged to store and process all personal data provided to it by the User exclusively in accordance with the applicable legislation.

12.2 The User has the right to access and correct his/her personal data.

12.3 The protection of the User's personal data is also governed by the terms and conditions of protection of personal data published by the Operator in the Shop.

12.4 The Operator is not entitled to transfer Users' personal data to third parties, except for the transfer of data necessary for the delivery of parcels.

 

13. Dispute resolution

 

13.1 The User and the Operator undertake to resolve their disputes preferably amicably and by mutual agreement.

13.2 The courts of the Czech Republic shall have jurisdiction over disputes between the Operator and the User.

13.3 Consumers are also entitled to resolve disputes in the manner described in clause 3.8 of the GTC.

 

14. Final provisions

 

14.1These General Terms and Conditions are effective from 7.3.2023 and replace the previous General Terms and Conditions.

14.2These GTC have been drawn up in several languages and in the event of a conflict between the language versions, the Czech version shall prevail.

14.3These GTC are available at the Operator's registered office and premises.

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