Terms and Conditions of Business
These terms and conditions of business apply to purchases made in the online shop www.dermaguard.eu. The terms and conditions specify the rights and duties of the seller and the buyer.
Operator: DERMAGUARD CZ spol s r.o.
Registered office: V Březině 225/2, 251 01 Říčany
Business ID no.: 07895062, registration no. 00215660, Municipal Court in Prague.
Telephone no.: +420 605 284 288, 603 442 626
E-mail address: firstname.lastname@example.org
Contact address: V Březině 225/2, 251 01 Říčany
Information about Goods and Price
The information about the goods and the price given by the seller is binding except for obvious errors. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for the costs of delivering goods.
Accepted methods of payment are by credit card or bank transfer through a payment gateway. The seller does not require any charges depending on the payment method.
The photographs at the e-shop’s website correspond to the goods sold.
Delivery of Goods
Delivery of goods: the seller delivers the goods to the buyer complete, the seller sends the goods no later than five working days after a confirmed payment received and informs the buyer of the date of dispatch. The buyer is obliged to accept the goods. The buyer is advised to check the goods as soon as possible upon receipt.
The seller sends a tax document to the buyer together with the goods. Goods are delivered by the carrier Zásilkovna or Česká pošta.
Price of Transport and Payment Conditions
The goods are shipped from the Czech Republic
We only ship to EU countries and Great Britain.
Payment via Comgate payment gateway (allows quick transfer from online banking or card payment) or Payment by bank transfer to the account number specified in the order:
Delivery to addresses in EU countries for a price of EUR 12
Česká pošta delivery to addresses in EU countries for a price of EUR 12
Česká pošta delivery to an address in GB for a price of GBP 20
In case of payment by bank transfer, the buyer is obliged to pay the total amount for the ordered goods within 5 working days. In case of non-payment, an order is cancelled.
Order Cancellation and Withdrawal from Contract
The buyer may withdraw from the contract at any time before the goods are shipped by sending an e-mail to email@example.com.
If the buyer has not withdrawn from the contract before the goods are shipped, he/she/it is obliged to accept the goods ordered under this purchase contract (except in case of visible damage to the shipping packaging). Failure to accept the goods does not terminate the purchase contract and the seller shall claim for non-performance of duties on the buyer’s part. A claim means a demand for the cost of freight and packing. This charge is EUR 20 in EU countries or GBP 20 in the UK.
The buyer may withdraw from the contract within 14 days of receipt of the goods, regardless of the method of acceptance of the goods or payment, and send or hand over the purchased goods to the seller within this period. The buyer does not have to state the reason for withdrawal from the contract. To facilitate communication, it is advisable to indicate in a withdrawal the date of purchase or the contract/sales receipt number, bank account and chosen method of return. The goods should be returned to the seller complete and must not show signs of wear and tear or damage. The cost of returning the goods is borne by the buyer.
The seller is obliged to refund the Buyer an amount fully corresponding to the price of the goods within 14 days of withdrawal from the contract, in the same way as the payment was received from the buyer.
If the returned goods have been damaged by a breach of the buyer’s duties or used, the seller is entitled to claim compensation from the buyer for a reduction in the value of the goods and to set it off against the amount returned.
If the received goods have defects (e.g. they do not have the agreed characteristics, their quantity or weight is not correct, their quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects in the goods for which the seller is liable. The warranty does not cover defects if they are caused by unprofessional or careless handling, improper storage, use of the product contrary to its purpose or instructions, mechanical damage, pollution or normal wear and tear by the consumer. Only facts stipulated by law can be considered a defect. For example, hypersensitivity or reaction to a cream ingredient disclosed in the product’s ingredients cannot be claimed. A buyer may file a complaint with the seller within two years of receipt of the goods. If a defect manifests itself within 12 months of receipt of the goods, it is presumed that the defect existed when the goods were received.
Dealing with Complaints
The buyer is obliged to file a complaint with the seller without undue delay after a shortcoming is ascertained. If the buyer does so in writing or electronically, he/she/it should provide contact details, a description of the defect and a request for how the complaint should be handled.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The time limit for dealing with a complaint starts from the handover/delivery of the goods to the seller. Goods should be packed in suitable packaging to prevent damage, and should be clean and complete when in transit.
The seller is obliged to decide on a complaint without delay, within three working days at the latest, or that a professional assessment is required to make a decision. Information about the need for a professional assessment will be communicated to the buyer within this period. A compliant, including the correction of a defect, will be dealt with by the seller without undue delay, no later than 30 days after being claimed, unless the seller and the buyer agree on a longer period. After the expiry of this period, the buyer has the same rights, as if there had been a material breach of contract.
If the seller refuses to correct a defect, the buyer may demand a reasonable discount on the price or withdraw from the contract.
The warranty period shall be extended by the time from when a complaint is made until it is dealt with or until the buyer is obliged to collect the item. If the goods or a part thereof are replaced, the seller’s liability shall apply as if the goods or a part thereof had been purchased new.
If it is not possible to monitor the status of a complaint online, the seller undertakes to inform the buyer of how a complaint is dealt with by e-mail or text message, as requested by the buyer.
Only facts stipulated by law can be considered a defect. For example, hypersensitivity or reaction to a cream ingredient disclosed in the product’s ingredients cannot be claimed.
In the case of a legitimate complaint, the buyer is entitled to compensation for costs reasonably incurred.
Personal Data Protection
The buyer agrees that the personal data provided will be processed and stored by the seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of performing the subject of the contract. The seller operates purchase without registration, using buyers’ data exclusively for the performance of the subject of the contract, not for marketing or business purposes. Supervision of personal data protection is performed by the Office for Personal Data Protection. Further information is available on the website www.coi.cz.
The seller undertakes not to provide the buyer's personal data to third parties other than the contracted carrier for the purpose of delivery of the goods.
Disputes between the seller and the buyer will be resolved by the general courts.
In accordance with Act No. 634/1992 Coll., on consumer protection, as amended, a buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to handle out-of-court dispute resolution. Further information is available on the website www.coi.cz.
Out-of-court dispute resolution is initiated exclusively at the consumer’s request, and only if a dispute has not been resolved directly with the seller. An application may be filed no later than 1 year after the date on which the consumer first exercised his/her/its right that is the subject of the dispute with the seller.
A consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
The seller undertakes to preferentially seek out-of-court dispute resolution with the buyer, unless the buyer refuses. This is without prejudice to the parties’ right to take their claim to the Czech Trade Inspection Authority or to a court. During negotiations on the out-of-court settlement of a dispute, the time-bar and preclusion periods under the Civil Code do not run or begin to run unless one of the parties to the dispute expressly refuses to continue negotiations.
Supervision of compliance with the duties under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
For the purposes of these terms and conditions, the buyer is understood to be a consumer, which is a person who, unlike the seller, is not acting within the scope of his/her/its business activity or within the scope of his/her/its independent exercise of his/her/its profession when concluding and performing the contract.
For the purposes of these terms and conditions, the seller is an entrepreneur who, unlike the buyer, is acting within the scope of its business activity or within the scope of independent exercise of its profession when concluding and performing the contract.
Other matters not mentioned herein are governed by the Civil Code (Act No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.
The contract and related issues are governed by Czech law.
Amendments to the terms and conditions in a form other than bilaterally-agreed written form are excluded.
These terms and conditions are effective from 1 April 2023.