Terms and conditions

1. Preamble

The Conditions of Sale define and set out the rights and duties of the Seller and the Buyer arising from a contract entered into at www.glamadise.com. These Conditions of Sale will be shown in advance to the Buyer before sending an order. By sending the order, the Buyer acknowledges that he or she has read the Conditions of Sale and agrees with the content.

The Seller and the operator of www.glamadise.com is Milan Holzäpfel registered address Stará cesta 1/2286, 37006 České Budějovice ID code 86885227, registered at the Trade Licence Office in Česke Budějovice file no.: Ž/2961/2008/AČ/1006009/2. The place of the performance of all contracts is Stará cesta 1/2286 , 37006 České Budějovice. Alternatively, Customer may collect the products in person at the address: Stará cesta 1/2286 , 37006 České Budějovice, Czech republic.

All contracts are governed by the law of the Czech Republic.

2. Definition of terms

3. Purchase Contract

A purchase order correctly completed and sent via www.glamadise.com (e.g. made by phone) represents a binding draft contract to be entered into between the Seller and the Buyer within 21 (twenty one) days from the sending of order.

The Seller shall immediately confirm the receipt of the order (pursuant to the Civil Code, § 1827 Para. 1) by e-mail to the Buyer’s address specified in the order. This confirmation is not deemed as the acceptance of draft purchase contract. The actual purchase contract is deemed to be signed as of the acceptance of the draft purchase contract by the Seller. Acceptance means the sending of goods by the Seller to the Buyer or explicit acceptance of draft purchase contract by the Seller by e-mail or by phone.
The consumer may cancel the order i.e. withdraw from the draft purchase contract without sanctions until the sending of goods. The consumer must inform the Seller of the cancellation or order by e-mail or by phone.

The purchase contract is made in the Czech language. After the signature, the purchase contract will be archived for a period needed for the processing of the purchase contract. During the archiving period, the consumer may be enabled, upon request, to read the purchase contract. Changes to the order and corrections of errors are allowed before passing the goods for dispatch.

4. Withdrawal from contract by Buyer (under Civil Code § 1829 Para.1)

  1. The Buyer takes into account that according to the provisions of the Civil Code, § 1837 it is not allowed to withdraw from a purchase contract for goods (I) delivered in a closed packaging taken out by the consumer that cannot be returned due to hygienic purposes or (II) goods modified according to the consumer’s wishes and for the consumer’s personal use.

  1. Except for cases specified in Para.5.1. or other cases disallowing withdrawal from contract, according to the provisions of the Civil Code, § 1829 Para.1, the Buyer shall have the right to withdraw from the purchase contract within 14 (fourteen) days from the takeover of goods. The notification of the withdrawal must be communicated to the Seller by e-mail including the number of order, date of purchase and account number or address to which the money should be returned. The actual announcement of the withdrawal from purchase contract must be sent to the Seller’s delivery address within a deadline mentioned in the previous sentence. The Seller allows withdrawal from contract under this article also for goods purchased in person i.e. outside the Seller’s shopping premises. Our customers who intend to withdraw from contract are advised to follow the instructions here.

  1. The withdrawal from purchase contract under Para. 4.2 hereof means that the purchase contract shall become null and void from the very beginning. The relevant goods must be returned to the Seller’s contact address (COD as a delivery method shall not be recognized) within 14 days from the withdrawal from contract. The goods must not be damaged, have no signs of wear or dirt, must be clean and, if possible, in the original packaging.

  1. The Buyer shall attach a copy of bill of delivery to the returned goods as well as a written statement on the withdrawal from purchase contract and the chosen method of returning money (transfer to bank account, personal receipt of cash, via post bill etc.). The statement must also contain several details such as the Buyer’s contact address, phone and e-mail.

  1. Within 10 (ten) days from the returning of goods under Para. 4.3 hereof, the Seller may inspect the returned goods, in particular to make sure that the returned goods is not damaged, has no signs of wear or dirt, is clean and is not partly consumed.

  1. The Seller shall return the Buyer the money (incl. delivery costs) received based on the purchase contract within fourteen (14) days from the Buyer’s withdrawal from contract in (i) the same manner as received from the Buyer or (ii) in a manner required by the Buyer (iii) always to the bank account specified by the Buyer or used by the Buyer for paying the purchase price; unless communicated to the Seller within 10 (ten) days from the withdrawal. The Buyer agrees with the aforesaid provided that the transaction will not incur any additional costs on the part of the Buyer. When withdrawing from purchase contract, the Seller has no obligation to return the received cash to the Buyer before the Buyer has returned the goods or has proven that the goods was already sent to the Seller.

  1. The Buyer takes into account that if the goods returned by the Buyer is damaged, shows signs of wear or is partly consumed the Seller may claim from the Buyer compensation for the damage caused. The Seller will then figure out the value of the damage and reflect it in the refunding of the costs for the purchase and delivery of goods.

  1. When sending the goods, the Seller must use appropriate packaging to avoid damage or destruction. Goods substantially damaged or destroyed during transport due to the use of inappropriate packaging shall not be refunded.

  1. All costs related to the returning of goods to the Seller in the case of withdrawal from contract by the Buyer shall be borne by the Buyer including when the goods, given its nature, cannot be returned in a standard manner by post. The Seller may add the actual costs related to the returning of goods to the purchase price and delivery costs to be returned to the Buyer.

  2. Free transport applies to orders whose price is EUR 105 and above. In the case of returning part of the ordered goods in which the value of the remaining part is lower than the minimum required for a toll-free post delivery the postal costs (depending on the selected method of payment and transport) will be added to the bill.

  3. The Seller reserves the right to withdraw from the purchase contract at any point prior to the acceptance of goods by the Buyer. In such a case the Seller shall refund the Buyer by directly transferring the money to the Buyer’s bank account specified for this purpose by the Buyer or used by the Buyer for paying purchase price; unless communicated to the Seller within 5 (five) days from the withdrawal.

  4. When using post delivery as a method of returning goods the Buyer will be charged CZK 75 to reflect the actual costs of the delivery by Czech Post as well as other costs such as back-office, issue of bill and distribution costs.

  5. If the package includes both goods and a gift, a gift deed will be signed incl. a clause stipulating that in the case of withdrawal from purchase contract by either party the gift deed shall extinct and the Buyer shall return the received gift along with the goods.

 

According to the provisions of the Civil Code, § 1837, the consumer shall have no right to withdraw from contract in the following types of contracts:

5. Withdrawal from contract by Buyer (non-consumer)

It is not allowed for a non-consumer buyer to withdraw from contract.

6. Transport

Postage and packaging costs selected by the Buyer for a specific order shall be borne by the Buyer and ruled by the Seller’s current price list available at www.glamadise.cz.

7. Payment terms

8. Right to remedy defective performance

The Buyer’s right for the remedy of defective performance shall be established based on any performance by the Seller that is incomplete or fails to satisfy the requirements of the contract. This includes also products containing faults or defects not visible when transferred to the Buyer and revealed at a later stage.

If the defective performance is classified as material breach of contract the Buyer shall have the right:

When reporting the defect or without undue delay after reporting the defect, the Buyer shall inform the Seller which of the remedy options he or she has chosen. The Buyer must not change the option without the consent of the Seller. This does not apply to repairs found non-repairable. If the Seller fails to repair the defect or fault within a reasonable time period or advises the Buyer that the repair will not be made the Buyer may claim, instead of removing defect, adequate reduction from the purchase price of the product or withdraw from contract.

If the Buyer fails to select the remedy option on time the case will be regarded as non-material breach of duties.

In the event of non-material breach of contract the Buyer shall have the right to get the defect removed or to receive adequate price reduction.

In the meantime until the Buyer exercises the right for price reduction or withdrawal from contract, the Seller may deliver the missing parts or remove the legal defect. Other types of defects may be removed at the Seller’s discretion by repairing the product or delivering a new one. The chosen remedy option must not result in any inadequate expenditures on the Buyer’s part.

In the case the Seller fails to remove the defect on time or refuses to remove the defect the Buyer may claim some price reduction or withdraw from the contract. The Buyer must not change the initially chosen remedy option without the consent of the Seller.

The Buyer may not withdraw from contract nor require the delivery of a new item if the item’s condition has changed against the original one. This shall not apply:

If the Buyer fails to report any such defect or fault the right to withdraw from contract shall extinct.

Claims and complaints regarding defective goods shall be submitted at the below addresses:

Sending of goods plus personal delivery: Shop GLAM, Stará cesta 1/2286 , 37006 České Budějovice Czech Republic

9. Right to remedy defective performance and warranty for quality (consumer buyer)

  1. The Seller is responsible for the faultless quality of the goods delivered to the consumer buyer, in particular that upon the delivery

  2. a) the features and parameters of the products are identical with those agreed in the contract or in the absence of agreement that the particular product corresponds in terms of features and parameters with the description made by the Seller or manufacturer or meets the Buyer’s expectations with respect to the nature of the product based on the advertising

The Buyer may exercise the right due to defective performance within 24 (twenty-four) months from the receipt of goods.

If the items do not meet the above parameters the Buyer may ask for the delivery of a new flawless product unless this is seen as inadequate given the nature of the defect. If the defect applies to just a part of the product the Buyer may ask for the replacement of the defective part. If this is impossible the Buyer may withdraw from contract. If this is inadequate with respect to the nature of the defect especially if it is possible to remove the defect without undue delay the Buyer shall be eligible to a free repair of the defect.

The right to receive a new product or to get a part repaired including when the defect is repairable applies if the Buyer cannot normally use the product due to recurring faults following a repair or in the case of multiple defects. This may serve as a basis for the Buyer to withdraw from the contract.

Unless the Buyer withdraws from contract or exercises the right to receive a new faultless product he or she may claim adequate price reduction. The consumer shall be eligible to the aforementioned price reduction also when the Seller is not capable of delivering a new faultless product, replacing the defective part or repairing the product as such; also in the case the Seller fails to remedy the situation within reasonable period of time or only with serious complications for the consumer.

Claims and complaints regarding defective goods shall be submitted at the below addresses:

Sending of goods plus personal delivery: Shop GLAM, Stará cesta 1/2286 , 37006 České Budějovice Czech Republic

When requested by the Buyer the Seller shall confirm in writing the scope and duration of the Seller’s responsibilities in case of defective performance. Unless disallowed by the nature of the subject, the Seller may issue an alternative document on the purchase of relevant goods containing all aforesaid details.

The Seller shall confirm in writing the date of exercising the right as well as the performance and duration of repair.

10. Warranty for quality (non-consumer buyer)

The Seller does not provide the non-consumer buyers with a warranty for the quality of goods unless explicitly agreed between the parties. Seller’s responsibility for defects shall be governed by the Civil Code.

11.Further rights and duties of the Parties

  1. The Buyer becomes the owner of the goods upon the payment of the full price of the goods.

  2. The Seller is not bound to the Buyer by any code of conduct pursuant to provisions of the Civil Code § 1826 Sec. 1e.

  3. The solving of disputes out of court belongs to the jurisdiction of the Czech Chamber of Commerce address Štěpánská 567/15, 120 00 Praha 2, ID code: 00020869, web site: http://www.coi.cz.

  4. The Seller is the holder of a trading license for the sale of goods. Inspections over the business are conducted by the local Trade License Office. The inspection over the area of personal data protection is conducted by the Office for the Protection of Personal Data. The Czech Trade Inspection Authority is responsible for overseeing the compliance with the Consumer Protection Act 634/1992 Coll. in the wording of later amendments.

  5. The Buyer hereby accepts the risk of changing circumstances according to the provisions of the Civil Code § 1765 Sec. 2.


12. Prices and validity of Offer

All prices include VAT at a rate valid as of the day of sending the order. In case of the change of the VAT rate before the entering into contract or the dispatching of goods the Seller shall pay the arrears (taking into account the payment method chosen by the Buyer) or send e-mail to the Buyer asking for the place where the Seller should send the overpayment. A standard invoice (recognized as tax document) forms an integral part of each delivery. All goods including promo products are valid until revoked or until the clearance of stock.

13. Protection of personal data

Personal data communicated to the Seller shall not be disclosed to a third party or other entities without the prior consent of the Buyer. All such data shall be treated in compliance with Actno. 101/2000 Coll. on the Protection of Personal Data. At any point throughout the contract, the Buyer may ask for the change or deletion of the data by e-mail. Registered buyers may change their personal data at www.glamadise.com.

14. Miscellaneous

Once delivered to the Seller, each consumer order in the form of draft purchase contract shall be put in archives for later processing and registration. All technical steps leading to the signing of contract are visible to the consumer from the actual ordering process. The Buyer may identify and repair errors made during the entering of data prior to the submitting of the order. Costs of the usage of communications tools such as phone, internet etc. needed for the order shall be borne by the Buyer. The Conditions of Sale make it possible for the consumer to archive and reproduce all relevant documents. All items on our product portfolio are subject to a 24-month warranty starting from the receipt of goods.

Terms and conditions>>CZ

The Conditions of Sale are valid and effective as from 1 May 2016.