These Terms and Conditions and the Complaints Procedure apply to purchases made in our online shop www.beviro.com. The Terms and Conditions and the Complaints Procedure further define and specify the rights and obligations of the Seller and the Buyer. The seller and operator of the online shop www.beviro.com is the company P2D2 s.r.o., Korunní 2569/108, 101 00 Prague 10, ID No.: 06801781, VAT No.: CZ06801781, tel.: 728 228 339, e-mail: email@example.com, registered in the Commercial Register maintained by the Regional Court in Pilsen, file No. C35774 (hereinafter referred to as the "Seller"). All contractual relations are concluded in accordance with the legal order of the Czech Republic, in particular with Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "CCC") and Act No. 634/1992 Coll., on Consumer Protection.
Terms and Conditions
These terms and conditions apply to the purchase of goods in the online store on the Internet domain www.beviro.com and are valid and effective from 1 September 2018.
For the purposes of these terms and conditions, the Seller defines the following terms:
Seller - is a person who, when concluding and performing a contract, acts within the scope of his trade or other business activity.
Buyer - a person who purchases goods from the Seller, with a distinction being made as to whether the conclusion and performance of the contract involves a natural person or legal entity of the Buyer acting in the course of its business or whether it involves a natural person of a consumer who is not acting in the course of its business.
Consumer - is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, enters into a contract with an entrepreneur or otherwise deals with him.
Consumer contract - a contract of sale or other contract where the contracting parties are, on the one hand, the consumer and, on the other hand, the seller as an entrepreneur. Consumer contracts are concluded in accordance with Section 1810 of the Civil Code et seq.
By duly completing and submitting an order via the online shop, the buyer confirms his/her acquaintance with these terms and conditions and the complaints procedure, his/her consent to them and the binding nature of the order. A properly filled in order sent via the online shop or made by telephone is a binding proposal to conclude a purchase contract with the Seller. All orders placed via the online shop are binding. A condition for the validity of an electronic order is the completion of the mandatory information in the registration form. The Seller reserves the right to verify the validity of the order by telephone. The Buyer will be informed of the acceptance of the order by a confirmation email sent to the email address specified in the order. The confirmation email is not an acceptance of the order and its delivery to the buyer does not lead to the conclusion of the contract. If the Buyer does not receive the confirmation email within 24 hours of sending the order, the order shall be deemed not to have been delivered.
Conclusion of the purchase contract
The contract is concluded in English language and is archived by the Seller for the purpose of its successful execution and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is evident from the ordering process in our online shop and the Buyer has the opportunity to check and, if necessary, correct the order before actually sending it. These terms and conditions, as well as the Complaints Policy, are displayed on the website of our online shop and can thus be archived and reproduced by the buyer. The cost of using remote means of communication (telephone, internet, etc.) to place an order is at the normal rate, depending on the tariff of the telecommunications services used by the buyer. The contract is concluded as soon as the parties have agreed on its content, i.e. it is concluded at the moment of delivery of the Seller's binding consent to the Buyer's order, i.e. the Seller's notification of the order's processing. By concluding the purchase contract, the Buyer undertakes to take delivery of the ordered goods and to pay the Seller the agreed purchase price for the ordered goods, including the costs of transport and packaging. Ownership of the goods shall pass to the Buyer, subject to payment of the purchase price, upon acceptance.
Delivery of the goods is carried out by the Seller through external companies, in particular GLS and DPD.
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 as follows: by wire transfer to the Seller's account and by card through an online payment gateway.
The prices stated in the purchase contract are valid at the time of the order and are stated incl. VAT and all related charges. The duration of the promotional prices is while stocks last, unless otherwise specified in the additional information for the product. Some images are or may be for illustrative purposes only, in the event that the commercial packaging or packaging is changed by the manufacturer. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.
The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, telephone calls) shall be borne by the Buyer himself and shall not differ from the normal rate.
Cancellation of the order by the seller
In the event of unforeseen circumstances and technical problems with SW data transmissions that cannot be controlled, the Seller reserves the right to cancel the order. Furthermore, the Seller reserves the right to cancel the order if the manufacturer of the goods (supplier) contained in the order no longer supplies them to the market or if the ordering data in the Buyer's order is incomplete.
Consumer's right of withdrawal
The buyer, who is a consumer (hereinafter referred to as the "consumer"), has the right to withdraw from the contract without giving any reason and without any penalty within 14 days of receipt of the goods, unless the goods in question are goods in closed packaging, which the consumer has removed from the packaging and which cannot be returned for hygienic reasons (e.g. creams, mascara, lipsticks, etc.) within the meaning of Section 1837(g) of the Czech Civil Code. The consumer is obliged to hand over the goods received from the seller within 14 days of withdrawal. Within 14 days of withdrawal, the seller must return to the consumer the funds, including delivery costs, received from the consumer under the contract in the same way (i.e. to the bank account number or home address provided by the consumer). The seller shall reimburse the consumer for the cost of delivery of the goods in the amount corresponding to the cheapest delivery method offered. The costs of returning the goods shall be borne by the consumer in accordance with Article 1820(1)(g) of the Czech Civil Code. If the consumer withdraws from the purchase contract, the seller is not obliged to return the funds received to the consumer before the consumer has handed over the goods to the seller. The consignment in which the buyer returns the goods must be accompanied by documents (e.g. delivery note or invoice) which can be used to safely prove the formation of the purchase contract and subsequently the right to withdraw from such contract. At the consumer's request, other goods of his choice may be provided or the purchase price may be refunded. The consumer may neither withdraw from the contract nor request the delivery of a new item if he cannot return the item in the same condition as he received it.
In order to exercise the right of withdrawal, the consumer must inform the seller, P2D2 s.r.o., P2D2 s.r.o., of his withdrawal from this contract. Korunní 2569/108 101 00, Prague 10, Czech Republic, e-mail firstname.lastname@example.org by unilateral legal action (e.g. by letter sent via postal service provider, fax or e-mail). The consumer may use the attached sample withdrawal form, but is not obliged to do so.
In order to comply with the withdrawal deadline, it is sufficient to send the withdrawal before the expiry of the relevant deadline.
Liability for diminished value of returned goods:
The consumer is only liable for any diminution in the value of the goods as a result of handling the goods in a manner other than that necessary to familiarise himself with the nature and characteristics of the goods, including their functionality.
The buyer's right of withdrawal
A buyer who is not a consumer has the right to withdraw from the contract in accordance with the relevant provisions of the Czech Civil Code. The shipment in which the buyer returns the goods must be accompanied by documents (e.g. delivery note or invoice) that can be used to safely prove the existence of the purchase contract and subsequently the right to withdraw from such contract. At the buyer's request, other goods of his choice may be provided or the purchase price may be refunded.
Returned goods should be sent by registered mail to:
Gentleman Store s.r.o.
130 00 Praha
If the goods have already been used by the buyer (and the consumer) and there has been partial, albeit minimal, wear and tear or consumption of the contents (e.g. in the case of perfume, some of the contents of the container have been used up, etc.), i.e. the useful properties of the returned product are otherwise limited, such goods do not meet the condition set by law. Withdrawal cancels the contract from the outset and the buyer is thus obliged to return the goods in the condition in which the buyer received them. If the buyer returns the product partially worn out or consumed, he has breached his obligation to return the product in the condition in which he purchased it, since the seller has provided a product with certain declared characteristics, in a certain weight, volume, etc., and it is therefore a product which 'cannot be returned because of its nature' (see Article 6(3), third paragraph, of Directive 97/7/EC).
The buyer declares that he is aware that the purchase of the goods offered by the seller does not give him any rights to use registered trademarks, trade names or company logos of the seller or other companies.
Rights arising from defective performance
The buyer's right of defective performance is based on the defect that the goods have when the risk of damage passes to the buyer, even if it becomes apparent later. The buyer's right shall also be established by a defect which arises later and which is caused by the seller's breach of duty.
If the defective performance is a material breach of contract, the buyer has the right to:
to remedy the defect by supplying a new item without defect or by supplying the missing item,
to remedy the defect by repairing the item,
a reasonable discount on the purchase price; or
withdraw from the contract.
The buyer shall notify the seller of his right when notifying the defect or without undue delay after notification of the defect. The buyer may not change the choice made without the seller's consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that he will not remedy the defects, the buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract.
If the buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract.
If the defective performance is an insubstantial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price.
As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer.
If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
if the change in condition is the result of an inspection to detect a defect in the goods,
if the buyer used the goods before the defect was discovered,
if the buyer has not caused the impossibility of returning the goods in the unaltered condition by an act or omission; or
if the buyer sold the thing before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent that he has benefited from the use of the thing.
If the buyer has not notified the defect in time, he shall lose the right to withdraw from the contract.
The rights arising from the defect shall be exercised with the seller at the following address:
Gentleman Store s.r.o.
130 00 Prague
Upon receipt of the defective item, a claim form is issued, which, in the case of sending the claimed item, is sent by email within 24 hours of receipt of the defective item. In the case of a claim submitted in person, the form is issued on the spot. The complaint is processed immediately, in more complex cases that require an assessment, within 30 days.
Rights arising from defective performance and quality guarantee in the case of a buyer who is a consumer
The seller shall be liable to the buyer who is a consumer that the goods are free from defects upon receipt, in particular the seller shall be liable to the buyer that at the time the buyer took possession of the goods,
the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the seller or the manufacturer described or the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
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,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the item is in the appropriate quantity, measure or weight; and
the item complies with the requirements of the legislation.
The buyer is entitled to exercise the right of defect within 24 months of receipt of the goods.
If a defect appears within six months of receipt, the item is deemed to have been defective upon receipt.
If the item does not have the above-mentioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to have the defect remedied free of charge.
The buyer shall also have the right to have a new item delivered or a part replaced in the event of a removable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to supply a new item without defects, to replace a part of the item or to repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.
If it is proven that the delivered item does not have the characteristics and quality agreed by both parties, the seller shall bear the entire cost of delivering the item to the seller, as well as from the seller back to the customer.
The rights arising from the defect shall be exercised with the seller at the following address:
Gentleman Store Ltd.
130 00 Praha
If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for how long the Buyer's obligations in the event of defective performance shall continue. If the nature of the item does not prevent this, the confirmation may be replaced by a proof of purchase containing the above information.
If the buyer exercises a right arising from defective performance, the seller shall confirm to the buyer in writing when the right was exercised, as well as the repair and the duration of the repair.
Protection of personal data
The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") in relation to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document. We act in accordance with the data protection policy available here.
The costs of postage and packaging chosen by the Buyer in the order are borne by the Buyer and these costs are governed by the Seller's current price list, which can be found on the Shipping and Payment page.
What happens if you do not accept the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than agreed, you are obliged to pay the costs associated with such delivery.
In the event that you do not take delivery of the goods without reason, we shall be entitled to compensation for the actual costs associated with the storage of the goods and their redelivery, as well as any other costs we incur as a result of the non-acceptance of the goods. The storage costs shall not exceed CZK 10 for each day of storage. Storage costs may not exceed a total of CZK 500 or the purchase price if it is less than CZK 500.
Furthermore, we have the right to withdraw from the contract in this case.
Cash on delivery - the money for the goods is paid by the buyer only upon receipt of the goods to the postal carrier (courier) or at the post office.
Bank transfer - after receiving the order (proposal for the conclusion of the purchase contract), the seller sends the buyer the amount of the purchase price, account number and variable symbol of payment. The buyer shall pay the goods to the seller's bank account before the goods are shipped, otherwise the goods will not be shipped or handed over. This method of payment of the purchase price is considered an advance payment of the purchase price.
Cash (personal collection) - the buyer shall pay for the goods in cash upon receipt of the goods at the branch of the delivery service, after confirmation by e-mail from the seller that the goods are in stock at the branch.
Payment cards - a very convenient method of payment. After creating an order you are redirected to a secure bank payment gateway where you enter the necessary details. If the transaction is authorized, payment is made immediately and the goods are shipped no later than the next business day. We support the 3D Secure protocol. Our staff do not have access to your card details, everything is in the hands of the bank only.
Any prize or competition winnings run by P2D2 Ltd are not legally enforceable.
If a gift is given to the buyer together with the goods by the seller, the gift contract between the seller and the buyer is concluded with the condition that if the purchase contract is withdrawn, the gift contract ceases to be effective and the buyer is obliged to return the purchased goods together with the gift to the seller.
The buyer is notified of these terms and conditions and has the opportunity to familiarize himself with them sufficiently before the order is placed. These terms and conditions form an integral part of the concluded contract. By submitting an order, it is understood that the Buyer acknowledges the contents of these terms and conditions and the Complaints Procedure and that he accepts them without reservation. Deviating provisions from the terms and conditions may be agreed in the purchase contract, in which case the deviating provisions shall prevail over these terms and conditions. The Seller reserves the right to change these terms and conditions without prior notice to the Purchaser, provided that the current version is always available on the website of the online shop.
All presentation of the goods on the internet domain www.be-viro.com is of an informative nature and the Seller is not obliged to conclude a purchase contract with regard to the goods offered; the provisions of § 1732 paragraph 2 of the Czech Civil Code do not apply.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) (e) of the Czech Civil Code.
The Seller hereby informs the Consumer that the Czech Trade Inspection Authority, ID No.: 000 20 869, with registered office at Štěpánská 567/15, 120 00 Prague 2, is competent for out-of-court settlement of consumer disputes; for more information please visit http://www.coi.cz/.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the sales received with the tax administrator online; in case of technical failure, within 48 hours at the latest.
The Buyer agrees to the sending of information related to the goods and further agrees to the sending of commercial communications by the Seller to the Buyer's e-mail address.
The Purchase Agreement is drawn up in the Czech language, as well as the Terms and Conditions.
If the legal relationship between the Seller and the Buyer established by the Purchase Contract contains a foreign element, the parties expressly agree that their relationship is governed by Czech law; this is without prejudice to consumer protection rights.