Terms and Conditions
GENERAL TERMS AND CONDITIONS
FOR ENTREPRENEURS
Anyone 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 regular basis for profit is considered an entrepreneur. The entrepreneur shall also be deemed to be the person whom he represents on his behalf.
I. Introductory provisions
These General Terms and Conditions set out the rights and obligations of the Seller and the Buyer when making purchases from the online shop www.simplybeauty.eu
II. Definition of terms
Website: the website of the online shop www.simplybeauty.eu
Goods: goods used in particular to equip beauty salons and to provide the services provided in beauty salons.
E-shop: an online shop located on the Website, enabling the purchase of Goods.
Terms and Conditions: these general terms and conditions governing purchases on the E-shop.
Seller: the operator and owner of the E-shop who is responsible for the delivery of the Goods or services ordered by the buyer through the E-shop - spol. Simply Beauty s.r.o., with its registered office at Heřmánkova 859/5, Ostrava 71300, registered in the Commercial Register maintained by the Regional Court in Ostrava, under registration No. C 76648 , ID No.: 07649711, VAT No.: CZ07649711, mob. 606557860, email: info@simply-beauty.eu
Buyer: customer of the E-shop who has registered and ordered the Goods.
Entrepreneur: a legal entity or a natural person over 18 years of age who purchases within the scope of his/her business activity or independent exercise of profession.
III. Order
1. When placing an order, the Buyer selects the Goods, the number of Goods, the method of payment and delivery. The Seller shall promptly confirm the delivery of the order to the Buyer by e-mail from which the order was received. The confirmation is accompanied by the current Terms and Conditions and a recapitulation of the order. The Purchase Contract is concluded upon confirmation of the order by the Seller to the Buyer's email address.
2. The Buyer declares that all of his/her information provided in the order and registration is correct, true, complete and valid at the time of sending the order. Before submitting the order, by clicking on the "SUBMIT ORDER" button, the Buyer actively (by ticking the appropriate box) confirms that he/she has read these Terms and Conditions and acknowledges the terms and conditions of personal data processing.
3. The Buyer acknowledges that the offer of Goods listed on the Website may not be up to date and the Goods on offer may be unavailable or available and under different conditions. The Customer reserves the right to cancel any such order. If the Buyer orders unavailable Goods, the Seller shall inform the Buyer immediately by email that the Goods are unavailable, in which case the order shall be cancelled without further notice. If the Seller informs the Buyer of a new (modified) offer (e.g. extension of delivery time, different quantity), the purchase contract is concluded at the moment when the Buyer confirms the acceptance of the modified offer to the Customer by e-mail. If the Buyer does not confirm the acceptance of the new offer within 5 working days, the new offer is cancelled without further notice. If part or all of the original order has already been paid, the Buyer will be refunded to the account from which the Buyer paid the order. A similar procedure according to this provision will be followed if the Seller's offer in the E-shop contains obviously incorrect data due to a technical or administrative error (for this reason the Seller is also entitled to cancel the order).
4. The Buyer is not entitled to cancel the order, unless he agrees on it with the Seller and the Seller does not confirm the possibility of cancellation to the Buyer by e-mail. The Buyer is not entitled to withdraw from the contract without giving reasons within 14 days (this right is only available to consumers). The right to return goodsdoes not apply to orders placed in the course of a trade or business, i.e. if the invoice bears your ID number or if the goods purchased are used for business purposes ( e.g. hairdressing wash box, hairdressing chair, etc..).
IV. Price and payment terms
1. The price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
(a) on delivery - in cash or by credit card - provided by the Seller's contractual partner at the place specified by the Buyer in the order (the Buyer may be charged for payment in this way at the costs proportional to the Seller's costs associated with the delivery - in the amount specified in the order),
b) by bank transfer.
2. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
3. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the transport of the Goods to the Seller, in the amount indicated in the E-shop, unless the individual items of Goods specify that the transport is free of charge.
4. The Seller shall issue a tax document - invoice to the Buyer regarding the payment received on the basis of the order and send it in electronic form to the Buyer's e-mail. The Seller is the payer of value added tax, which is added to the price. The Seller does not require payment of the deposit in advance.
5. In case of payment on delivery, the purchase price is payable upon receipt of the Goods.
V. User account
1. Upon registration, the Buyer may access his/her customer account and place orders for Goods. The Seller informs the Buyer that registration on the Website is not possible if there are reasonable doubts about the Buyer's identity and the Buyer's age of 18 years. If the Seller becomes aware of these circumstances after the fact, the Seller is entitled to invite the Buyer to rectify and/or cancel the Buyer's registration without further delay.
2. When registering for a customer account and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update these in the event of any change. The information provided by the Buyer in the Customer Account and when ordering Goods is deemed correct by the Seller.
3. The Buyer shall maintain the confidentiality of the information necessary to access his customer account. Access is secured by a username and password. The Buyer is not entitled to allow third parties to use the customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement or these Terms and Conditions.
5. 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 the necessary maintenance of third party equipment.
VI. Delivery
1. The Seller is obliged to deliver the Goods:
(i) to the place specified by the Buyer in the order,
(ii) via a dispatch centre to the address of the dispatch centre designated by the Buyer (if such option is available in the E-shop offer).
The Buyer is obliged to take delivery of the Goods at the chosen location. If it is a personal collection at the shop, the Buyer is obliged to collect it within 7 days from the confirmation of the order by the Seller.If the Buyer fails to do so, the Seller reserves the right to apply a storage fee, which is 100 CZK / VAT exclusive for each additional calendar day of storage of the goods unless the Buyer and the Seller agree otherwise. In the event that the place of delivery of the Goods is not normally accessible for the transport of the Goods (impassable road, no entry to the premises, etc.), the Buyer is obliged to notify the Seller of this fact in advance in the order. If the Buyer fails to do so, the Buyer shall be obliged to reimburse the Buyer for the damage caused by complications with the delivery of the Goods. The Goods shall be deemed to have been delivered at the moment when they are accepted by the Buyer.
2. In the case of delivery of so-called oversized goods, the Customer acknowledges that the transport service does not ensure the transfer of these goods from the means of transport to the Customer's door within the given address. The Customer shall be obliged to arrange such transfer and shall be liable to the Seller and the transport service for any damage caused by the breach of this obligation.
3. Immediately upon receipt of the Goods, the Buyer is obliged to inspect the Goods and to record the defects found, if they were obviously caused by the carrier (or if the carrier's causing the damage cannot be excluded due to the nature of the damage), on the carrier's claim report. If the Goods delivered do not obviously correspond to the order, the Buyer is entitled to refuse to accept them.
4. The Buyer is obliged to inspect the Goods immediately after unpacking, otherwise the Buyer loses the possibility to exercise the rights from defects. The colour of the material of the Goods may vary slightly from the photograph - this is not a reason for withdrawal from the Purchase Contract or a claim.
5. If the Buyer does not accept the postal shipment of the Goods and/or does not prove his/her age (see above), the Seller is entitled to charge the Buyer for the costs associated with the shipment of the Goods (postage and packing) at the usual rate.
6. In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of transport.
VII. Rights arising from defective performance
1. The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding regulations (in particular the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection).
2. The Seller shall be liable to the Consumer that the Goods are not defective upon receipt. In particular, the Seller is liable to the Consumer for the fact that:
(i) the Goods have the characteristics that the Seller or the manufacturer indicated for the Goods or that the Buyer expected with regard to the nature of the Goods and on the basis of the Seller's advertising or promotion of the Goods,
(ii) the Goods are fit for the purpose for which the Seller states they are to be used or for which Goods of that kind are usually used,
(iii) the Goods are in the appropriate quantity, measure or weight; and
(iv) the Goods comply with the requirements of applicable Czech legislation.
3. In the event of a defect, the Buyer may submit a claim to the Seller and demand:
(i) replacement with new Goods,
(ii) repair of the Goods,
(iii) a reasonable discount on the purchase price,
(iv) withdrawal from the Contract,
depending on the nature of the breach of contract - see below.
4. The Buyer has the right to withdraw from the Contract:
(i) if the Goods are materially defective,
(ii) if the goods cannot be used properly due to the recurrence of the defect or defects after repair,
5. A material breach of the contract is one which the breaching party knew or ought to have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
6. In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price.
7. If the Buyer does not withdraw from the contract or does not exercise the right to delivery of new Goods without defects, to replacement of a part of the Goods or to repair of the Goods, the Buyer may claim a reasonable discount. The Consumer is entitled to this even if the Seller cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer considerable difficulties.
8. The Buyer shall not be entitled to the right of defective performance if the Buyer knew that the Goods were defective before taking delivery of the Goods and/or if the Buyer caused the damage or malfunction of the Goods by improper handling (e.g. obvious failure to carry out regular cleaning, handling contrary to the instructions for use, rough handling or damage by falling, etc.). The Seller shall not be liable for defects resulting from normal wear and tear.
9. The Seller warrants the Goods to the Buyer for a period of 6 months unless otherwise agreed in writing.
10. If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for how long its obligations under the defective performance last and how the Buyer may exercise its rights thereunder.
VIII. Handling of claims
1. The Buyer is obliged to file a claim with the Seller without undue delay from the discovery of the defect. If the Buyer does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner of settlement of the claim. For this purpose, he may use the form available on the Website (hereinafter referred to as the "Complaint Form").
2. The Buyer is obliged to inform the Seller in the Claim Form what right (remedy) he has chosen when notifying the defect or without undue delay after notifying the defect. A change of this choice without the Seller's consent is only possible if the Buyer has requested the repair of a defect that turns out to be irremediable.
3. If the Buyer does not choose his right from a material breach of contract, the Seller shall choose the method of settlement of the claim.
4. The Buyer shall be obliged to prove the purchase of the Goods (preferably with a proof of purchase). The time limit for the settlement of the claim shall start from the moment the claim is made (notified). The Buyer shall hand over or deliver the Goods to the Seller at the address of Simply Beauty s.r.o., Mojmirovcu 571/15, Ostrava - Marianske hory, 70900. The Goods should be packed in suitable packaging to prevent damage, should be clean and complete. The costs of delivery of the Goods to the Seller shall be borne by the Buyer and the Buyer shall be entitled to reimbursement in the event that the claim is accepted by the Seller.
5. The Customer is obliged to present the claimed goods cleaned, free of all impurities and hygienic. The Seller shall be entitled to refuse to accept goods for complaint which do not comply with the basic principles of hygiene.The Seller is entitled to send such Goods back to the Buyer, at the Buyer's expense.
6. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of claim settlement the Buyer requires, as well as a confirmation of the date and method of claim settlement, including confirmation of the repair and its duration, or a written justification for the rejection of the claim.
7. The Seller shall settle the claim without undue delay, at the latest within 3 months of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the Buyer shall have the same rights as if it were a material breach of contract.
8. If the Seller refuses to rectify the defect in the Goods, the Buyer may demand a reasonable discount on the price or withdraw from the contract.
9. The warranty period shall be extended by the period from the time the claim is made until it is settled or until the Buyer has been obliged to collect the Goods. If the Goods or part thereof are replaced, the Seller's liability shall apply as if the Goods or part thereof had been purchased new.
IX. Reservation of title
The Seller shall remain the owner of the Goods until they are paid for in full by the Buyer. The risk of damage to the Goods shall pass to the Buyer upon acceptance.
X. Protection of personal data
Before concluding the Purchase Agreement, the Buyer has been informed of the terms and conditions for the processing of his personal data, available at the following internet link:
XI. Other rights and obligations of the parties
1. The Seller is entitled to sell the Goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act within a defined scope.
2. No Consumer rights may be exercised in respect of gifts within the framework of any sales promotions provided by the Seller to the Buyer free of charge. Such Goods fall under the regime of the gift contract and related legislation in force in the Czech Republic.
3. The Buyer acknowledges that the colour shades of the Goods in the pictures on the Website as well as the shapes may differ from the reality (monitor settings, age, lighting in the room, angle of the photo, etc.) and cannot return or claim the Goods.
4. The Buyer agrees to the use of remote means of communication in the conclusion of the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
5. The Buyer undertakes to pay the Seller the price for storage of the Goods in the amount of CZK 100,- (excluding VAT) for each calendar day of storage of the Goods with the Seller (hereinafter referred to as "Storage Fee") in the event that:
a) the Buyer fails to take delivery of the Goods for any reason on the agreed delivery date. In such case the Seller shall be entitled to the Warehouse Fee starting from the seventh day after the expiry of the agreed delivery date of the Goods until the day the Goods are taken over by the Buyer.
(b) The Buyer shall not take delivery of the Goods for any reason whatsoever after the Goods Claim has been settled. In such case the Seller shall be entitled to the Warehouse Fee starting from the seventh day after the settlement of the claim and until the day the Goods are taken over by the Buyer.
XIII. Final Provisions
1. These Terms and Conditions shall apply as set out on the Website on the date of conclusion of the Purchase Contract.
2. 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.
3. The Parties may deliver all written correspondence to each other by electronic mail. The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the e-mail address specified in the Buyer's customer account.
4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
5. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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. Amendments and supplements to the Purchase Agreement or the Terms and Conditions shall be in writing.
6. All rights to the E-shop, in particular the copyright to the content, including all aspects of graphics, photos, videos, trademarks, logos and other content belong to the Seller. It is forbidden to copy or otherwise use the Website or any part thereof in violation of this provision without the Seller's consent.
7. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
8. The Seller reserves the right to make changes to these Conditions. Such changes shall not apply to orders completed prior to the effective date of the respective changes and shall be effective upon their posting on the Website.
9. In the event that the parties enter into a contract governed by these Terms and Conditions, the wording of the contract shall prevail in the event of a conflict.
10. Other matters not specified herein shall be governed by the Civil Code, the Consumer Protection Act in the case of Consumers and other applicable laws.
11. A sample withdrawal form and a complaint form are annexed to the Terms and Conditions.
12.These Terms and Conditions are effective from the date of publication on the Website on 6.1.2025
Simply Beauty s.r.o.
Attachments (available at the footer of the Website):
- Complaint Form
Withdrawal from the purchase contract
Withdrawal from the purchase contract