General terms and Conditions of PALACIO s.r.o.
These General Terms and Conditions (hereinafter referred to as the “GT&Cs”) govern the rights and obligations of the parties arising from the use of the Palacio Store internet shop at palacio.cz
The GT&Cs are an integral part of purchase contracts between the company Palacio CZ, s.r.o., as the Seller and a customer as the Buyer, which the customer and the company Palacio CZ, s.r.o. conclude for the sale of goods via the online store Palacio Store at palacio.store Each purchase contract is concluded exclusively in the English language.
The Seller and Operator of the Internet Shop Palacio Store
The Seller and the operator of the internet shop Palacio Store, at palacio.cz (hereinafter referred to as the “internet shop Palacio Store”) is the company Palacio CZ, s.r.o. (hereinafter referred to as the “Seller”).
Business name: Palacio CZ, s.r.o.
Seat: Palacio CZ, s.r.o., Berounská 1, 273 51 Kyšice Kladno District
Identification No.: 24124761
VAT ID: CZ24124761
Registered in the Commercial Register: The company is registered in the Commercial Register kept by the Municipal Court in Prague under file number C 180799
Postal address for delivery: Palacio CZ, s.r.o., Kyšice, Berounská 1, post code 27351, Czech republic
Tel.: +420 212 812 112
The Customer is a user of the internet shop Palacio Store that is a consumer or an entrepreneur. A consumer is a natural person who is not acting in the course of his/her commercial or another business activity when concluding a purchase contract nor in the course of his or her own occupation (hereinafter referred to as the “consumer”).
2. ORDERS AND ENTERING INTO THE PURCHASE CONTRACT
1) All orders placed via the internet shop Palacio Store are binding. By placing an order, the Customer confirms that he/she has read and agreed to these General Terms and Conditions as well as the Warranty Claims Policy, and that he/she is in agreement with them.
2) If the Customer is a consumer, the purchase contract is concluded by sending the order by the Customer and by acceptance of the order by the Seller. The Seller shall immediately confirm acceptance of the order to the Buyer by an informative e-mail to the Customer-specified e-mail address.
3) The purchase contract (including the agreed price) may only be changed or cancelled by agreement of both the parties or for statutory reasons.
4) If the Customer is an entrepreneur, the order sent by him/her is a proposal to conclude a purchase contract and the purchase contract is concluded at the moment of delivery of a binding confirmation of receipt of the order by the Seller to the Customer – entrepreneur.
5) A prerequisite of the validity of an electronic order is the completion of all the required data and particulars.
6) In the case of the Customer being a consumer, the place of delivery of the goods is the address indicated by the Customer in the order form.
7) The title to the goods is transferred to the Customer by him/her accepting the goods and paying the purchase price.
8) By completing the registration form or a binding order within the internet shop Palacio Store, the Customer grants consent to the Seller to the collection and archiving of personal data of the Customer and data on its purchases within the meaning of Article F – Protection of Personal Data.
9) Acceptance and sending out the order is confirmed by an informative e-mail to the e-mail address provided by the Customer.
10) Prices and Discounts – All prices at the internet shop Palacio Store are final including VAT. All prices, including promotional prices and offers, are valid until cancelled or sold out. The Seller keeps the published offer up-to-date by updates introduced without undue delay. Discounts off prices of goods and special offers cannot be combined and added together unless stated otherwise.
11) Order Cancellation – an order can be cancelled by e-mail or by phone within 24 hours of order creation. Cancellation of the order is subject to provision of the order number and contact details. Cancellation of the order is confirmed by an informative email to the e-mail address provided by the Customer in the registration form or in the order form.
12) The Seller may withdraw from the purchase contract within 24 hours of delivery of the order of a Customer-consumer / confirmation of an order of a Customer-entrepreneur, if:
13) the ordered goods are not in stock, are no longer manufactured or are otherwise unavailable,
14) in the case of ordered goods that are not in stock with a supplier, the price quoted by the manufacturer has increased significantly, the ordered goods – the same type and model – is repeatedly subject to warranty claims because of occurrence of faults. In all of the above cases, the Seller will contact the Customer with an alternative offer of similar goods.
15) The cost of using remote means of communication (Internet, telephone, etc.) to place an order is at the usual amount, entirely dependent on the tariff of telecommunications services provider used by the Customer.
3. DELIVERY TERMS
The goods are delivered based on a choice of the Customer via a logistics company.
The Customer notes that:
1) The ordered goods are sent using the services of a logistics partner that carries out the delivery of goods.
2) The ordered goods are usually dispatched within 5 working days from receipt of order and payment.
3) We always inform the Customer at his/her e-mail address on the dispatch of goods. If the ordered goods are not in stock, we contact the Customer by e-mail and suggest further steps e.g. another performance, extension of delivery time. In this case, the Customer also has the possibility to withdraw from the contract.
4) Exceptionally, delivery times can be extended, of which customers are informed when placing an order.
5) Transportation, method of delivery, method of notification of delivery, date and place of receipt of the shipment is in accordance with the General Terms and Conditions of the carrier.
6) The tax document is a part of the shipment and serves as a guarantee certificate.
7) If the Customer fails to pick up /accept the goods at the delivery address specified by him/her and the goods are returned to the Seller, the Seller is entitled to withdraw from the contract. In this case, the Seller is entitled to an amount representing costs incurred for delivery of the goods to the Customer and unilaterally set off the costs for damages arising to the Seller from the breach of obligations of the Customer to accept the goods (this clause does not affect the right of the Seller for damages incurred by the Seller and exceeding the amount of costs of the delivery of the goods). Based on consent of the Customer, the Seller shall deliver the goods again, but at the expense of the Customer and only after receiving payment of these costs. This also applies to cases where the first delivery attempt is not paid for by the Customer (bonus in the form of free delivery, etc.)).
Method of payment: by wire transfer only.
In the case of advance payment, the goods may only be taken over by the Customer or a person authorized by him/her, provided that he/she has informed the Seller by e-mail or telephone on the third party being entrusted by the Customer to pick up the goods, indicating their name and surname. The Customer as well as the third party authorized by the Customer to take over the goods are obliged to prove to the Seller that they are authorized to take over the goods by presenting a valid identity card, driver’s license, etc.
The Customer is obliged to take over the goods within the deadline specified in the purchase contract or otherwise specified or agreed with the Seller. In case of delay of the Customer with collection of goods in person longer than 7 (seven) days, the Seller is entitled to withdraw from the purchase contract; the withdrawal from the purchase contract shall be notified by the Seller to the Customer by e-mail to the e-mail address stated in the order.
4. WARRANTY CLAIMS AND WARRANTY OF THE GOODS
1) Any and all warranty claims will be handled in accordance with the Warranty Claims Policy of the internet shop Palacio Store and the laws of the Czech Republic.
2) Warranty claims of the goods can be raised with the Seller according to the terms of the Warranty Claims Policy below.
3) The goods are covered by a warranty period appropriate to the nature of the goods. The warranty period is stated on the product packaging and if the warranty period is not stated on the product packaging, it is 24 months.
4) The Customer notes that due to the nature of the goods being sold (cosmetic products), the goods shall be stored at temperatures between 5 – 25°C.
5) If the Customer is a consumer, their warranty claim is governed by Act No. 634/1992 Coll., on Consumer Protection, in addition to Act No. 89/2012 Coll., the Civil Code, taking into account the details in the Warranty Claims Policy.
5. ACCEPTANCE OF THE SHIPMENT
The Buyer is obliged to check the package at delivery for any damage. He/she has the right not to take over the package in case of visible damage or to agree with the supplier (the driver, postman …) who is obliged to write a short complaint report. If the buyer has the option to take photos, they shall take a picture of the damaged package which will speed up the subsequent warranty claim procedure considerably.
6. FAILURE TO ACCEPT THE SHIPMENT
In the event that the Customer fails to collect the ordered goods, the Seller is entitled to damages in the amount corresponding to postage for return shipping. The Buyer also acknowledges that if they do not accept delivery of any “cash on delivery” shipment, the Seller is entitled to request payment for subsequent orders solely by wire transfer made before delivery of the goods.
7. WITHDRAWAL FROM THE PURCHASE CONTRACT (RETURN OF THE GOODS)
By sending an internet order by a Customer-consumer, the contract is concluded by means of distance communication. The Customer-consumer has the right to withdraw from the contract concluded by means of distance communication within 14 days of receipt of the goods without stating any reason. The withdrawal period shall begin on the day following the day on which the Customer-consumer receives the goods.
In order to exercise the right of withdrawal, the consumer must inform the Seller by a clear statement (e.g. a letter sent by e-mail) of their decision to withdraw, using the standard withdrawal form (download below).
The consumer is obliged to deliver the withdrawal notice and the returned goods to the following address:
Palacio Store, PALACIO CZ s.r.o., Kyšice, Berounská 1, Kladno District, post code 273 51
If the consumer decides to exercise his/her right of withdrawal, he/she shall send the withdrawal notice before the end of the 14-day withdrawal period.
In the event of withdrawal, the consumer shall bear the cost of returning the goods to the Seller. The Seller will return to the Customer along with the paid purchase price of the goods also the cost of postage paid by the Customer, up to the amount corresponding to the cost of delivery of the goods in the cheapest way that the Seller offers. The shipment in which the goods are returned must be accompanied by all documents, including an invoice, or otherwise the proof of the purchase contract must be clearly provided. The Seller is not obliged to return the funds received to the Customer-consumer before the Customer-consumer delivers the goods to the correct contact address above.
The consumer is obliged to return the complete goods, complete documentation, undamaged, clean, in the original intact packaging, in the condition and quantity in which the goods were received. In case the returned goods are incomplete, used or damaged, the Seller may reduce the refunded purchase price by the amount corresponding to the costs of restoring the goods to their original state and the damage arising to the goods. The money for the returned goods will be repaid within 14 days from the effective date of withdrawal by bank transfer to the account which is indicated to the Seller in writing.
Given the nature of the goods offered at the internet shop Palacio Store (cosmetic products), we stress that it is not possible to withdraw from a contract for the supply of sealed goods after the consumer has removed the packaging and the goods cannot be returned for hygiene reasons.
If gifts are provided with the goods, the donation contract between the Seller and the Customer is made subject to the condition that if the consumer’s right of withdrawal is exercised pursuant to s. 1829 of the Civil Code, the donation contract expires and provided gifts shall be returned together with the goods subject to the warranty claim.
8. SECURITY AND PERSONAL DATA PROTECTION
The Seller declares that all personal information provided by the Buyer under these GT&Cs and in connection with the use of the site is confidential and will be used for the performance of the contract or for commercial and marketing purposes, all of that in accordance with the law and with the privacy statement that is a part of these GT&Cs. The Buyer provides personal information primarily to enable the purchase contract to be complied with and so that the goods can be delivered. The Buyer has the right to access, correct and complete their data. Personal data will not be provided to a third party, except to the carrier, payment services company, or other persons involved in the performance of purchase contracts under a separate contract that they have with the Seller. In any case, however, the Seller proceeds to protect the personal data of the Buyer and protects the security thereof.
9. FINAL PROVISIONS
Consumer complaints are handled by the Seller via the e-mail address firstname.lastname@example.org The Seller will send the complaint handling information to the Buyer to the e-mail address of the Buyer.
The Seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out by the appropriate trade licensing office within the scope of its competence. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
These General Terms and Conditions are valid in the wording published on the website of the Seller as of the day of the purchase contract. Once confirmed, any consumer order is archived as a contract between the Buyer and the Seller for the purpose of fulfilment and other record-keeping and its status is accessible to the Buyer. The contract may be concluded in the Czech language or in other languages, unless other languages are the reason for impossibility of entering into the contract. By the purchase, the Customer agrees to receive commercial communications/offers.
These General Terms and Conditions enable the consumer the archiving and reproduction thereof. Upon conclusion of the purchase contract, the Buyer accepts all provisions of the Terms and Conditions as in force on the day of sending the order, including the price of the ordered goods stated in the confirmed order, unless it has been clearly agreed otherwise in a particular case.
WARRANTY CLAIMS POLICY
If the Customer is a consumer, their warranty claim is governed by Act No. 89/2012 Coll., the Civil Code, and by Act No. 634/1992 Coll., on Consumer Protection, taking into account the details in this Warranty Claims Policy.
If the Customer is an entrepreneur, the liability of the Seller for defects of goods is governed by Act No. 89/2012 Coll., the Civil Code.
Address for sending back any goods subject to a warranty claim
Palacio Store, PALACIO CZ, s.r.o., Kyšice, Berounská 1, Kladno District, post code 273 51
What to do if:
The received goods are damaged
1) When receiving the goods from the carrier, please carefully check the delivered goods.
2) Do not accept any shipment showing signs of damage.
3) If the goods are damaged even though the packaging was intact, it is necessary to inform either the carrier or our company as soon as possible (however, no later than within 48 hours of receipt of the goods).
4) Never throw away the box (with the internal compartments/fillers) and the carrier label until the warranty claim is resolved.
The goods were delivered incomplete or do not correspond to the ordered type
1) The shipment must be inspected immediately upon receipt.
2) If the shipment does not correspond to your order, please notify it to the Seller no later than on the second day after receiving the shipment. Later warranty claim (damage to goods during transport, missing goods in the parcel, etc.) cannot be taken into account.
OBLIGATIONS OF THE CUSTOMER
If the goods show a visible sign of damage at the time of delivery, the Customer is entitled not to take over the goods. Upon receipt, the Customer is obliged to inspect the delivered goods and inform the Seller without undue delay of the detects by telephone or at the e-mail address email@example.com
For proper handling of the warranty claim, the Customer is obliged to deliver the goods to the supplier, either using a carrier (as a business package, obchodní balík) or by personal delivery to the addresses above. The goods subject to the claim cannot be sent “cash on delivery”. The Customer is required to submit a brief description of the fault when raising the warranty claim. The Customer is obliged to report the defect to the Seller without undue delay after having been able to detect it with sufficient care.
For quick warranty claim please fill in the Warranty Claims Protocol.
OBLIGATIONS OF THE SELLER
Warranty claims including claims of defects will be settled without undue delay, no later than 30 days from the date of the warranty claim, unless the Seller and the Customer agree otherwise.
The Customer will be contacted about the progress of administering the warranty claim to the e-mail address provided when the order of the goods subject to the claim was made.
RIGHTS OF THE CUSTOMER FROM DEFECTIVE PERFORMANCE
The Seller guaranteed to the Customer that the item has no defects at takeover.
The right of the Customer from defective performance stems from a defect that the item has at the handover of the goods, even if the defect occurs later. If the defect becomes apparent within six months of receipt of the goods, the item shall be deemed to have been defective at the time of receipt.
If defects of the goods occur after the receipt of the goods by the Customer during the warranty period, the Customer may assert its warranty claim.
The warranty period begins on the date of receipt of the product by the Customer. Goods are provided with a warranty period corresponding to the nature of the goods. The warranty period is stated on the product packaging; if the warranty is not stated on the product packaging, it is 24 months. The seller is liable for any defects in the product that the goods show upon receipt thereof by the Customer and which demonstrate themselves during the warranty period. The warranty does not apply to defects caused by careless or incorrect handling or normal wear and tear.
If the defective performance constitutes a material breach of the purchase contract, the Customer shall have the right:
1) to removal of the defect by delivering a new item without defect or by supplying a missing item,
2) to removal of the defect by repairing the item,
3) to a reasonable discount off the purchase price; or
4) to withdrawal from the contract.
The Customer is obliged to inform the Seller what right he/she has chosen when reporting the defect or without undue delay after the defect notification. The choice made cannot be changed by the Customer without the consent of the Seller; this does not apply if the Customer requests repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time, or if it notifies the Customer that the Seller is not to remedy the defect, the Customer may request a reasonable discount off the purchase price or to withdraw from the contract instead of having the defect removed.
If the Customer does not choose his/her right from defective performance in time, he/she has the rights that he/she would otherwise have had in the event of a minor breach of contract.
If the defective performance is a minor breach of the purchase contract, the Customer has the following rights:
If the defects are removable but reoccurring, or if there is a number of defects, the Customer may require the delivery of a new item or replacement of a component or removal of the defect or withdrawal from the contract. If the defects are removable and it is not disproportionate, the Customer may require the delivery of a new item or replacement of a component or removal of the defect. Should the requirement to deliver a new item be disproportionate, in particular if the defect is removable without undue delay, the Customer shall be entitled to have the defect remedied. He/she can always choose a reasonable discount off the purchase price instead of exercising the above rights.
The Customer cannot withdraw from the contract nor to demand the delivery of a new item if they cannot return the item in the state in which it was received. This does not apply
1) if the condition has changed as a result of an inspection in order to detect a defect,
2) if the Customer used the item before the defect was discovered,
3) if the Customer did not cause the impossibility of returning the item in an unaltered state by their own action or omission, or
4) if the Customer sold the item before the defect was discovered, consumed it, or changed the item in the normal use thereof; if that only happened partially, the Customer returns to the Seller what he/she can return and pays compensation to the Seller to the extent that she/he benefited from the use of the item.
Upon delivery of a new item, the Customer shall return to the Seller the item originally delivered at its expense.
The right to claim the warranty expires in the following cases, inter alia:
1) If the warranty period for the goods subject to the claim has expired before the date of application of the warranty claim – the warranty period expired.
2) The defect was caused by improper use of the goods.
3) The defect was caused by failure to follow the manufacturer’s instructions.
4) The defect was caused by improper installation, handling, operation, manipulation or neglect of proper care of the goods.
5) The defect was caused by unauthorized interference with the goods or other modifications without the manufacturer’s permission.
6) The goods were damaged by the elements.
In the case of a justified warranty claim, the Customer has the right to reimbursement of the costs of delivery of the goods subject to the claim to the Seller, in the form of postage in the necessary amount. The parties agree that the Seller will pay the Customer reasonable costs of delivery of the goods subject to the claim to the Seller only on the basis of a tax document proving the amount of actually incurred delivery costs.
In the event of an unjustified warranty claim, the Customer shall not be entitled to reimbursement of its costs associated with the execution of the warranty claim, nor shall the Seller be entitled to reimbursement of costs incurred by it.
This Warranty Claims Policy becomes valid and effective on November 15, 2019