TERMS AND CONDITIONS, WARRANTY CLAIMS PROCEDURE

Pigmentarium Pragensis s.r.o., Commercial registration No 07105231, with its registered seat at Rybná 716/24, 110 00 Praha 1, entered in the Companies Register kept by the Municipal Court in Prague, Section C, File number 294745 (Herein after referred to as the “Seller”)  hereby publishes its Terms and conditions (herein after referred to as the “T&C”), which apply to buyers of the goods offered in the online store - e-shop on the website www.pigmentarium.com (herein after referred to as the “Website”).


 

 

BUSINESS TERMS

I. GENERAL PROVISIONS

By confirming their order or by purchasing goods in the store, Buyer accepts these T&C which regulate mutual rights and obligations of the contracting parties resulting from the sale of goods by the Seller. These T&C are binding for both Buyer and Seller, unless otherwise explicitly stated in a contract. These T&C in their current version are part of Purchase Contract. Rights and obligations which are not explicitly regulated by these T&C follow provisions of generally binding legal regulations, in particular the Civil Code, as amended.

 

II. INFORMATION OBLIGATION

The Seller hereby informs the Buyer, and the Buyer acknowledges, that they have been informed by the Seller of the following:

(i) identity of the Seller that is Pigmentarium Pragensis s.r.o, Commercial registration No 07105231, with its registered seat at Rybná 716/24, 110 00 Praha 1, entered in the Companies Register kept by the Municipal Court in Prague, Section C, File number 294745.  Phone numbers, e-mail address, and other contact details are listed on Website, in Contact section,

(ii) description of goods offered by Seller for sale (hereinafter referred to as the “Goods”) and a description of its main features is always stated on the Website individually for each offered Product,

(iii) price of the Goods or the manner of its calculation, including all taxes and charges, so that the price is always stated for the individual Goods offered for sale, and this price is always final including VAT,

(iv) method of payment, including any obligation to pay the advances, which must always be listed (possibly with a choice for Buyer) for each individual Goods. Buyer chooses payment method. Chosen method of payment can no longer be changed without the Seller's consent,

(v) method of Goods delivery, which must always be listed (possibly with a choice for Buyer) for each individual Goods. Buyer chooses the method. Chosen method of delivery can no longer be changed without the Seller's consent,

(vi) cost of Goods delivery, which is always stated along with the method of Goods delivery. By choosing the method of Goods delivery, Buyer also agrees with stated costs, which they must pay,

(vii) details on rights arising from defective performance, as well as warranty rights and other conditions for the exercise of these rights as set out below in these T&C,

(viii) that the Seller holds in digital and protected form, the content of the orders leading to the conclusion of the purchase contract with the Buyer, including personal and other data provided by the Buyer, and uses technical measures appropriate to currently used technical systems and security; the Buyer is entitled to request at any time detail information of the currently used technical means and the Seller shall inform the buyer on request to the  necessary extent, unless business secrets and other confidentiality of the Seller business conduct are compromised,

(ix) that the digital content of the orders and any other data retained by the Seller is compatible (and usable) with commonly used hardware, i.e. personal computers on PC and Mac platforms by the Apple company, and software - commonly used office systems, especially Microsoft Office (especially word format, excel, etc.), Acrobat Reader (especially PDF format), common Internet formats (html format). Seller, in accordance with applicable legal regulations, communicates the above formats and titles in order of understandable communication in a commonly used form,

(x)cost of means of distance communication so that no additional costs, charges, etc. are incurred through the use of the Site, except for the necessary internet connection costs paid by the Buyer depending on the Internet connection service used by them,

(xi)the possibility of withdrawal in such a way that the Buyer has the right to withdraw from the purchase contract without giving any reason, within 14 days from the date of taking over the Goods (its last part), as indicated below, and that in case of withdrawal from the purchase the contract the Buyer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the cost of returning the Goods if such Goods cannot be returned by common postal means;

(xii) that the Buyer is entitled to send the Seller complaints in any form and in any matter and the Seller will deal with them and will do everything in their power to do so; the Buyer may also address a complaint to a supervisor or state oversight body, which is (a) the Czech Trade Inspection (www.coi.cz) - for consumer protection, (b) Trade Licensing Offices (www.statnisprava.cz) - supervision of compliance (c) the Personal Data Protection Authority (www.uoou.cz) - the protection of personal data, (d) extrajudicial dispute resolution - especially at https://adr.coi.cz/cs .; in the event that the parties do not agree to resolve their disputes amicably, any of them may apply to the appropriate court,

(xiii) that the order will be electronically deposited and access to the Buyer will be allowed upon request,

(xiv) that the order and other steps leading to the conclusion of the Purchase Agreement and the Site are in the Czech language,

(xv) that the purchase agreement is concluded by ordering the Goods through the Site, i.e. filling in the necessary data in the order form and confirmation of the order,

(xvi) that, in the event of errors occurrence, which were caused during data input, before the buyer confirms the order, it is possible to make correction in the same way in which the incorrect data was entered,

(xvii) that the Seller publishes on the Site codes of conduct that are binding for him or which he voluntarily complies with; in the event that the Site does not contain a Code of Conduct, there is no Code of Conduct for the Seller yet binding,

(xviii)that the buyer is entitled to download these T&C in text form from the Sites, as well as the sent order.

If any provision of these deviates from the consumer protection law, it is disregarded. This applies also if the buyer renounces special rights granted by the law.

III. THE MAIN SUBJECT MATTER OF THE CONTRACT AND ITS CONCLUSION

III.1. The Buyer has an option to buy Goods offered by the Seller through the e-shop on the Site and to enter a purchase contract with the Seller (also referred to as the “Contract").

III.2. Purchase of Goods through the Site is offered by the Seller as part of his retail business and is not intended for the sale of Goods for the purpose of resale in course of Buyer's business. If the buyer indicates his / her ID and VAT number in the order form, he / she has no right to sell the Goods delivered.

III.3. The Contract between the Seller and the Purchaser is concluded by sending an order from the buyer through a completed order form and confirmation by the Seller.

III.4. In justified cases, especially if there are any doubts as to the accuracy or seriousness of the order, the Seller is entitled to ask the buyer to authorize the dispatched order. If the buyer refuses to authorize the order or will be non-contact, the order is considered as not executed.

III.5. The Seller may also, in justified cases, conclude the Contract through other means of distance communication than via the Site. In such a case, the Contract is concluded only when the Seller and the Purchaser agree on all its essential requirements.

III.6. Buyer is responsible for the accuracy and feasibility of the order. The Seller is not responsible for the fact that the Buyer does not receive the Goods ordered, if the delivery service delivered and forwarded Goods to another person, or the other person refuses to take over the Goods. The eventual cost of re-delivery of Goods is borne by Buyer.

III.7. The Seller is authorized to use technical means to prevent the order form from being filled in robotically.

III.8. If Buyers order Goods that will no longer be available to the Seller at the time of processing of their order, the Seller shall promptly inform the Purchaser thereof and, if there is no other agreement, return the Goods to him.

III.9. The buyer has the option to cancel your order prior to delivery of the Goods by phone at 604 236 122 on working days from 10:00 to 18:00 or electronically at info@pigmentarium.com. Cancellation of the order is considered a withdrawal from the purchase contract.

IV. PLACE OF PERFORMACE/DELIVERY

IV.1. Place of performance - is the address specified by the Buyer in the order for delivery of the Goods. Seller delivers to all address points in the Czech Republic.

IV.2. The right of ownership of the Goods is transferred to Buyer by delivery to the place of performance, regardless of who takes the Goods over.

IV.3. The Buyer is required to check the integrity of the package before taking delivery from the shipper. The Seller packs the Goods exclusively into new cardboard for which any violation is easily visually detectable. If a Buyer takes over delivery with damaged packaging from shipper, the Seller shall not be liable for damages resulting therefrom.

V. PRICE

V.1. Goods purchase prices listed on the Website are valid at the time of conclusion of a contract, they are final and include VAT at the current rate.

V.2. Buyer is obligated to pay the purchase price in the chosen way, including the price of the chosen delivery method and the price of the chosen payment method.

V.3. The purchase price is deemed to have been paid in view of the choice of the method of payment by crediting it to the Seller's account or by handing it over to the delivery service in the case of a cash on delivery.

VI. SHIPPING TIMES

VI.1. Seller shall dispatch the goods within two working days of the conclusion of the Contract at the latest.

VI.2. The expiration period may be extended by the Seller in proportion to the circumstances if it is due to force majeure or circumstances not caused by the Seller.

VI.3. If the Seller cannot dispatch the Goods on time, they shall notify the Buyer without undue delay.

VII. COSTS OF DELIVERING THE GOODS

VII.1. In addition to the purchase price, the Buyer is obliged to pay to the Seller also Goods delivery costs (postage, delivery), in the price specified for the method of delivery of the Goods selected on the Site. The Seller does not charge for packaging.

 

VIII. PAYMENT METHOD

VIII.1. Goods and delivery costs will be paid by the Buyer in cash to the delivery worker in case of cash on delivery or by credit card in other cases.

 

IX. WITHDRAWAL FROM THE CONTRACT WITHOUT GIVING ANY REASON

IX.1. Buyer, who is a consumer, within the meaning of Section 419 of the Civil Code No. 89/2012 Coll., has the right to withdraw from the Contract concluded through the Site (means of distance communication) within 14 days of the date on which he or a designated third party (other than the Delivery Service) shall accept the Goods or the last delivery of the Goods, if the subject of the Contract is a subject of several types of Goods or the delivery of several parts of the Goods.

IX.2. the written notice of withdrawal from the Contract, shall be delivered by the Buyer to the Seller (ideally together with the Goods to be returned) by means of a letter to Pigmentarium Pragensis s.r.o., Rybná 716/24, Praha 1, 110 00., or via info@pigmentarium.com.

IX.3. If the Buyer withdraws from the Contract, he shall send or hand over to the Seller without undue delay, within 14 days of withdrawal from the Contract, the Goods received from him and the Seller without undue delay, no later than 14 days from the date of the notification withdrawal of the Agreement, all payments received by the Buyer, including delivery costs (excluding the additional costs incurred by Buyer´s choice of delivery method other than the cheapest way of standard delivery to the Seller offered). For refunds, the same means of payment used by the Buyer to pay for the purchase price of the Goods is used unless the Buyer explicitly determines otherwise.

IX.4. Address for return of Goods in the event of withdrawal from the Contract is Pigmentarium Pragensis s.r.o., Rybná 716/24, Praha 1, 110 00. The Seller does not collect any unsolicited shipment with cash on delivery or at Seller's expense.

IX.5. If the Buyer chooses a different than the cheapest way of delivering the Goods offered by the Seller, the Buyer shall return the Goods to the Purchaser in the amount corresponding to the cheapest offered way of delivery of the Goods.

IX.6. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the Goods to the Seller, even if the Goods cannot be returned by their normal postal route.

IX.7. The Buyer can not withdraw from the Contract for the Delivery of Goods in closed packaging, which the Buyer has removed from the packaging and for hygienic reasons it cannot be returned.

IX.8. The Buyer is responsible for any impairment of value of the Goods because of handling such goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the Goods.

IX.9. It is not possible to withdraw from the Contract without giving a reason if the Goods have already been partially consumed. If the returned Goods are incomplete, damaged or visibly worn, the Seller may claim damages.

 

X. LIABILITY FOR DEFECTIVE PRODUCTS, WARRANTIES, APPLICATION OF CLAIMS

X.1. The Seller guarantees to the Buyer that the Goods have no defects. In particular, the Seller guarantees to the Buyer that at the time the Buyer took over the Goods,

(i) have the properties that have been negotiated by the parties and, in the absence of such an arrangement, it has such properties, as the Seller or the manufacturer have described or which the buyer has expected with regard to the nature of the Goods and the advertising they have performed,

(Ii) fit the purpose of their use as defined by the Seller, or according to normal usage of a thing of this kind.

(iii) fit the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,

(Iv) is in an appropriate quantity, degree or weight, and

(v) complies with legal requirements.

X.2. If a defect occurs within six months of the takeover, it is assumed that the item was defective already at takeover.

X.3. The time from the exercise of the right of liability for defects until the Buyer is obliged to take over the Goods after the termination of the claim is not counted into the warranty period. If the Goods are exchanged, the warranty period starts running again from the collection of the new item. The same applies to the relevant part if it is exchanged. The warranty period cannot be confused with the durability of the Goods, that is, the period during which the goods may, due to their properties, the purpose and the differences in the intensity of their use, withstand the correct use and care.

BUYER´S RIGHTS FROM DEFECTS

1. Buyer retains the right to submit a claim of defective Goods within 24 months after receiving the Goods. This does not apply to Goods sold at a lower price for a defect for which the lower price has been agreed, (b) to the wear and tear of a thing caused by its usual use, (c) to a defect of used Goods corresponding to the degree of use or wear that the Goods showed upon collection or (d) if it arises from the nature of the Goods and the arrangement of the parties.

2. If there is a period during which the item can be used (durability) stated on the goods sold, on the packaging, in the instructions attached to the item or in the advertisement, the warranty applies for this period of time.

3. The Seller shall certify to the Buyer in writing the extent and duration of his obligations in the event of defective performance. In the certificate, Seller shall also indicate their name, address and identification, or any other information necessary to establish their identity. If necessary, the Seller shall explain in a comprehensible manner the content, scope, terms and duration of its liability, and the way its rights may be exercised. In the certificate, the Seller shall also indicate that the Buyer's other rights linked to the purchase are not affected. Unless the nature of the Goods prevents this, such certification under this paragraph may be replaced by proof of purchase of the Goods

4. If Goods are defective, the Buyer may require:

(i) delivery of new Goods without defects if this requirement is not disproportionate due to the nature of the defect (in particular if the defect can be eliminated without undue delay, unless otherwise agreed by the parties or if it is a minor defect which does not impede the use of the Goods),

(ii) if the defect relates only to a part of the Goods, the buyer may only require the replacement of that part,

(iii) if, however, due to the nature of the defect of the Goods, the procedure in paragraphs (i) and (ii) is disproportionate (in particular, if the defect can be remedied without undue delay, i. e. no later than 30 days, unless otherwise agreed by the parties) the buyer has the right to free removal of defects,

(iv) if the above procedure is not possible under the previous paragraphs, the Buyer may withdraw from the Contract.

9. In case of a defect that can be remedied, if the Buyer can not properly use the Goods for repeated defects after repair or for a greater number of defects, the Buyer has the right to receive new Goods or to have the defective part replaced. In this case, the Buyer has the right to withdraw from the contract.

10. If the Buyer does not withdraw from the Contract or does not exercise the right to a new item without defects, to replacement of its component or repair of the item, he may also request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver a new thing without defects, replace its part or repair it, as well as if the Seller fails to remedy within a reasonable time or that the remedy would cause the Buyer serious difficulties.

11. The right to receive remedy expires, if the Buyer knew about the defect before collecting the Goods, or the Buyer caused the defect

12. If the Goods has a defect from which the Seller is bound, and in case of Goods sold at a lower price or used Goods, the Buyer has the right to exchange the Goods or the right to a reasonable discount.

13. Rights of defective performance (claim) are exercised by the Seller at which the Goods were purchased.

14. If the Buyer is entitled to a defective performance claim, the Seller shall confirm in a written form the date, that that a repair will be made and its duration.

15. The Buyer is obliged to notify the Seller that the Goods are defective - claim Goods without undue delay after the defect is detected (The Seller is not responsible for the defect / increase of the extent of the defect if the Buyer kept using the Goods after finding the defect). At the time of reporting defect - claiming Goods, the Buyer informs the Seller of how the defect manifests itself and their request of the way of handling the complaint - while their choice may not be changed unless agreed with the Seller otherwise.

16. The place of claim is the Seller's shop at Pigmentarium Pragensis s.r.o., Rybná 716/24, Prague 1, 110 00 and only after previous communication. In order to speed up communication, the Buyer will mark the shipment containing the Goods claimed and the above documents with the inscription "CLAIM" and also, they will also provide sufficient contact details, in particular address and telephone number. The Seller does not collect any unsolicited shipment with cash on delivery or at Seller's expense.

17. Buyer is required to prove that the Goods have been purchased by the Seller and that the defect is being reported within a reasonable time. Without a proof of these facts, the Seller is not obliged to accept the claim.

18. In order to assess the defects and settle them, the Buyer is obliged to hand over the Goods so that the complaint can be assessed and dealt with.

19. The Seller or a person authorized by them decides on a claim immediately after the Goods have been properly submitted for consideration, in complex cases within three business days. This period does not include a reasonable time, depending on the type of Goods, needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days after the date of claim submission, unless the Buyer agrees to a longer period.

20. The Supplier will notify the Buyer of settlement of complaint by email or SMS if the Buyer has communicated it.

21. When the claim was made, what is the content of the claim, and how the Buyer wishes for the claim to be settled, as well as the repair and the duration of such, or the way the complaint is settled (including any written reasoning for the rejection of the claim) will be confirmed by the Seller in a written form.

22. If the Goods were sent by the shipping service, they will be automatically sent to the Buyer's address after processing, otherwise they will be ready to be collected at the place of claim.

23. In the event that Buyer fails to collect the Goods complained of within the specified period, the Seller shall be entitled to charge the Purchaser of a reasonable and appropriate amount.

24. In the case of a legitimate claim, the Buyer is entitled to the reimbursement of the expense incurred when claiming (including payment of the cost of transporting the Goods to the claim).

XI. OTHER PROVISIONS

XI.1. If the Seller provides the Buyer with other benefits associated with the purchase of the Goods, such as the replacement of the Goods in longer periods of time, etc., such benefits and associated obligations shall apply under the terms and conditions stipulated by the Seller in relevant materials.

XI.2. To exercise the Buyer's claims, the corresponding provisions of these T&C and, where applicable, customary trade practices shall be used.  The Buyer is, as a consumer, protected.

XI.3. Extrajudicial settlement of complaints is provided by the Seller via the electronic address info@pigmentarium.com. The Seller sends Buyer complaint handling information to the Buyer's email address.

XII. PERSONAL DATA PROTECTION

You can find information about processing your personal data here.

XIII. INFORMATION ON EXTRAJUDICIAL DISPUTE RESOLUTION

XIII.1. In case of disputes that arise between the Buyer and the Seller, the Seller will always try to properly discuss those and resolved them to a mutual satisfaction. If this fails, the Buyer has the right to extrajudicial settlement of the consumer dispute arising from the purchase contract of sale of goods (hereinafter referred to as the “consumer dispute”).

XIII.2. The Czech Trade Inspection - www.coi.cz ("CTI") is responsible for the extrajudicial settlement of consumer disputes on the sale of Goods.

XIII.3. An extrajudicial settlement of a consumer dispute is initiated at the Buyer's proposal at CTI, which must include:

(i) identification data of the parties to the dispute (Buyer and Seller),

(ii) complete and comprehensible disclosure of decisive facts (what is disputed),

(Iii) indication of what the claimant (consumer) is claiming (e.g. refund of the purchase price, replacement of goods, etc.),

(iv) the date on which the claimant has exercised his or her right, which is the subject of the dispute, with the Seller for the first time (e.g. the first claim),

(V) a statement that the court has not ruled on the matter, an arbitration award has not been issued and no agreement has been reached between the parties in the extrajudicial settlement of the consumer dispute and no court proceedings, arbitration or extrajudicial settlement of consumer disputes under this Act has been started,

(vi) date and signature of the petitioner (consumer).

XIII.4. The proposal shall be accompanied by evidence that the claimant has not been able to resolve the dispute directly (for example, correspondence with the Seller) and other documents substantiating the alleged facts, if available. The proposal shall be enclosed with the power of attorney if the petitioner is represented. The proposal can be submitted in writing or verbally in the protocol or electronically via the on-line form on the CTI website, signed by a recognized electronic signature or sent via the data box of the person submitting the proposal.

XIII.5. The petitioner may file a claim with the CTI or other authorized entity within one year from the day on which he exercised his or her right, which is the subject of the dispute, with the Seller for the first time.

XIII.6. Extrajudicial settlement of a consumer dispute must be completed within 90 days of its commencement. For particularly complex disputes, this period may be extended for up to a further 90 days.

XIII.7. Extrajudicial court resolution of consumer disputes ends

(i) Extrajudicial settlement of consumer disputes ends

(ii) a unilateral declaration by the Buyer of termination of participation in a dispute settlement notified to the CTI or an authorized entity,

(iii) death, declaration of death, declaration in absentia or termination of one of the parties to the dispute without a legal successor,

(iv) the expiry of the time limit for the settlement of the dispute,

(v) rejection of the proposal (for its defects).

XIII.8. Extrajudicial court resolution of consumer disputes is not charged for.  Costs associated with extrajudicial settlement of consumer disputes are borne by the parties themselves.

XIII.9. CTI or Authorized Entity sets out rules for extrajudicial settlement of consumer disputes to better regulate extrajudicial settlement of consumer disputes in order to comply with legal rules.

XIII.10. If the out-of-court settlement of the consumer dispute fails, Buyer may turn to the court.

XIV. COOKIES

XIV.1. What are cookies?

Cookies are short text files created by a web server and stored on a computer through a browser. When you return to the same site later, the browser sends the saved cookie back and the server gets all the information it has previously stored in your computer

XIV.2. Reason for use

We only use these files and information to improve and develop the services we offer and provide.

XIV.3. Protection of personal data

The cookie principle allows you to distinguish individual users and save specific data about them. It is precisely because of the cookie that the server knows which language settings you have chosen in the last visit or how to fill in the form's login name (remembers it from the last visit). Cookies therefore make personalization easier. You can turn off cookies or delete cookies in your browser, but you will lose the benefits mentioned above.

XIV.4. Buyer agrees to save up cookies in their computer when entering the Website.

XV. FINAL PROVISIONS

XV.1. These T&C apply as stated on the Seller's Website on the date of the confirmation of the Order, unless otherwise agreed between the parties in writing. If the order is dispatched after the date of T&C change, the T&C are already valid in the current version.

XV.2. The Seller is entitled to change these T&C at their discretion, with the change of the T&C being always published on the Website, in other words T&C will always be listed on the Website in their current version. The Webpage will also contain the T&C formerly valid in previous periods.

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