These General Terms and Conditions (“Terms”) of Smilargan, s.r.o., with its registered office at Na záhonech 1383/67, Michle (Prague 4), 141 00 Prague, Company ID No. 03789454, registered in the Commercial Register under File No. C 237958/MSPH maintained by the Municipal Court in Prague, e-mail: info@krasyorientu.cz, telephone: +420 721 743 501, business premises at Spálená 93/23, 110 00 Prague (“Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of you as buyers and us as the seller arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded through the e-shop at www.krasyorientu.cz

All information on the processing of your personal data is contained in the Privacy Policy available at:
https://www.krasyorientu.cz/informace-pro-vas/ochrana-osobnich-udaju

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This shall not affect rights and obligations arising during the validity of the previous version of the Terms.

The Agreement is concluded remotely via the e-shop interface (www.krasyorientu.cz), using means of distance communication without the simultaneous physical presence of the Seller and the Buyer.

If any provision of the Terms conflicts with what has been individually agreed during your purchase process, such individual agreement shall prevail.

DEFINITIONS

Price – the financial amount payable for the Goods;
Delivery Price – the amount payable for delivery of the Goods, including packaging;
Total Price – the sum of the Price and the Delivery Price;
VAT – value added tax pursuant to applicable legislation;
Invoice – tax document issued in accordance with VAT legislation for the Total Price;
Order – your binding proposal to conclude the Agreement;
User Account – an account created based on your registration details enabling storage of entered data and order history;
You – the buyer;
Goods – all products offered in the e-shop.

GENERAL PROVISIONS

Goods may only be purchased through the e-shop web interface.

You are obliged to provide all information truthfully and correctly. Information provided in the Order shall be deemed accurate and truthful.

We provide access to product reviews submitted by other consumers. The authenticity of such reviews is ensured and verified by linking reviews to specific orders in our internal system.

CONCLUSION OF THE AGREEMENT

The Agreement may only be concluded in the Czech language.

The Agreement is concluded remotely via the e-shop. You bear the costs of distance communication (e.g., internet connection), which do not differ from your standard rates.

To conclude the Agreement, you must create an Order containing:

• Information about the Goods (by selecting “Add to cart”);

• Information about the Price, Delivery Price, payment method, and delivery method;

• Your identification and contact details (name, surname, delivery address, phone number, email).

Before finalizing the Order by clicking “Order with obligation to pay,” you must confirm your agreement with these Terms. After submission, all information is sent directly to us.

We will confirm your Order by email as soon as possible. The confirmation includes a summary of the Order and these Terms as an attachment. Upon confirmation, the Agreement is concluded.

If the Goods are unavailable or the Price was obviously incorrect, we are not obliged to confirm the Order and may send a modified offer instead.

Upon conclusion of the Agreement, you are obliged to pay the Total Price.

USER ACCOUNT

Upon registration, you may access your User Account.

You must provide accurate information and update it if changed.

Access is secured by username and password. You must keep login credentials confidential. We are not liable for misuse.

The User Account is personal and may not be shared.

We may cancel your account, particularly if unused for more than 12 months or in case of breach of the Agreement.

PRICE AND PAYMENT TERMS, RETENTION OF TITLE

The Price is stated in the e-shop, in the Order proposal, and in the Agreement. In case of discrepancy, the Price in the Order proposal prevails.

The Total Price includes VAT and all statutory fees.

Payment is required after conclusion of the Agreement and before delivery of the Goods. Payment methods:

• Bank transfer – payable within 5 days; payment details provided in Order confirmation.

• Online card payment – via GoPay (www.gopay.com); payable withing 1 day

• Cash or card upon personal collection – payable upon receipt.

An electronic Invoice will be issued after payment and sent to your email address. It will also be available in your User Account.

Ownership of the Goods passes to you only after full payment and receipt.

The Seller reserves the right to set different prices in different sales channels (e-shop vs. physical store).

DELIVERY OF GOODS AND TRANSFER OF RISK

Goods will be delivered within 7 days according to your chosen method:

• Personal collection at Krásy Orientu, Spálená 23, Prague;

• Collection points (DPD);

• Delivery via DPD

Delivery is available within the Europe

Upon receipt, you must check packaging integrity. If damaged, report immediately to the carrier and to us.

Failure to accept delivery does not constitute withdrawal from the Agreement. We may withdraw from the Agreement or store the Goods (storage fee CZK 10/day).

Risk of damage passes upon receipt of the Goods or when you had the opportunity to receive them but failed to do so.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We guarantee that at the time of transfer of risk the Goods are free of defects and:

• correspond to the agreed description, quantity, and quality;

• are suitable for the agreed purpose;

• are delivered with agreed accessories and instructions;

• meet usual expectations for such goods.

Rights arising from defects are governed by Sections 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

If the Goods are defective, you may claim:

• repair;

• replacement;

• reasonable price reduction;

• withdrawal from the Agreement (if defect is substantial).

Consumers may claim defects occurring within 24 months of receipt.

Normal wear and tear is not considered a defect.

Complaints will be resolved within 30 days unless agreed otherwise.

WITHDRAWAL FROM THE AGREEMENT

A consumer may withdraw within 14 days:

• from conclusion of the Agreement; or

• in case of purchase of Goods, within 14 days from receipt.

Withdrawal must be communicated in writing or by email.

Goods must be returned within 14 days. You bear return costs.

We will refund the Price (including delivery costs up to the cheapest offered delivery method) within 14 days after receiving the Goods or proof of return.

Refunds will not be issued before Goods are returned.

You are liable for any decrease in value due to handling beyond what is necessary to examine the Goods.

⚠ Notice: For hygiene reasons, we cannot accept returns of unpacked Goods or Goods that have come into contact with skin (perfumes, soaps, peeling gloves, cosmetics).

CONSUMER DISPUTE RESOLUTION

We are not bound by any codes of conduct.

Complaints may be sent to info@krasyorientu.cz

Out-of-court dispute resolution authority:
Czech Trade Inspection Authority
Štěpánská 567/15, 120 00 Prague 2
www.coi.cz

Online dispute resolution platform:
http://ec.europa.eu/consumers/odr

European Consumer Centre Czech Republic
http://www.evropskyspotrebitel.cz

FINAL PROVISIONS

If the legal relationship contains an international element, Czech law applies.

Written communication will be conducted electronically.

We may amend these Terms; amendments do not affect already concluded Agreements.

In case of force majeure (natural disasters, pandemics, outages, etc.), we are not liable for damages. If force majeure lasts more than 10 days, either party may withdraw.

The Agreement and Terms are archived electronically but not accessible to you; however, you will always receive them by email.

These Terms are effective as of January 2023.

Appendix No. 1 – Complaint Form

Addressee: Smilargan, s.r.o.

Complaint:

Date of Agreement conclusion:
Name and surname:
Address:
Email address:
Goods concerned:
Description of defect:
Proposed method of resolution:

I request written confirmation of the complaint including the date of submission, its content, the requested method of resolution, and my contact details.

Date:
Signature:

Appendix No. 2 – Withdrawal Form

Addressee: Smilargan, s.r.o.

I hereby withdraw from the Agreement:

Date of Agreement conclusion:
Name and surname:
Address:
Email address:
Specification of Goods:
Method of refund / bank account number:

Consumers may withdraw within 14 days pursuant to Section 1829 of the Civil Code, except in cases specified in Section 1837.

If the consumer withdraws, they must return the Goods within 14 days.

The Company shall refund all payments received, including delivery costs (up to the cheapest offered method), within 14 days, using the same payment method, but not before receiving the returned Goods or proof of dispatch.

Date:
Signature: