GTC

These general terms and conditions (“Conditions”) of the company Red cube s.r.o. (obchod.beautyhouse.sk), with headquarters U.S. MR Štefánika 16, 94501 Komárno, Slovakia, ID: 44137265, VAT number: 2022614341, registered in the commercial register under sp. stamp 22170/N kept in the commercial register of the Nitra District Court, e-mail: skin@beautyhouse.sk, phone number: 0905108641, business address: ul. Mieru 4235, 94501 Komárno ("We” or “Seller") are regulated in accordance with the provisions of Act no. 40/1964 Coll. The Civil Code in its current version (hereinafter referred to as "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended (hereinafter referred to as "Consumer Protection Act"), Act no. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the seller's premises and on the amendment of certain laws (hereinafter referred to as "Act on Consumer Protection in Distance Selling"), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of the purchase contract ("Contract") concluded through the E-shop on the websites obchod.beautyhouse.sk, beautyhouse.sk.

All information about the processing of your personal data is contained in the Privacy Policy, which you can find here .

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are drawn up in the Slovak language. We can unilaterally change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Conditions.

As you know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to agree together without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface ("web interface of the E-shop").

If any part of the Terms and Conditions contradicts what we have agreed upon together as part of the process of your purchase on Our E-shop, this specific agreement will take precedence over the Terms and Conditions.

1. SOME DEFINITIONS

1.1. The price is the financial amount you will pay for the Goods;

1.2. The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;

1.3. The total price is the sum of the Price and the Shipping Price;

1.4. VAT is a value added tax according to the applicable legal regulations;

1.5. An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

1.6. The order is your binding proposal to conclude a contract for the purchase of goods with us;

1.7. A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the storage of the history of ordered Goods and concluded Contracts;

1.8. You are a person shopping at Our E-shop, referred to by law as a buyer;

1.9. The product is everything you can buy in the E-shop.

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is possible only through the web interface of the E-shop.

2.2. When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you have provided Us in the Order to be correct and true.

2.3. In our E-shop, we also provide access to the evaluation of the Goods by other consumers. We ensure and check the authenticity of such reviews by linking the rating to specific orders, i.e. in the internal system with each rating we also see the linked order ID, and thus we are able to verify and prove that the review comes from a real consumer.

3. CONCLUSION OF CONTRACT

3.1. The contract with Us can only be concluded in the Slovak language.

3.2. The contract is concluded remotely via the E-shop, while you pay for the costs of using the means of communication remotely. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the fact that we use the means of remote communication.

3.3. In order for us to conclude the Agreement, it is necessary that you create an Order on the E-shop. This proposal must include the following information:

1. a) Information about the purchased Goods (in the E-shop, mark the Goods you are interested in with the button "Add to Basket");
2. b) Information on the Price, Shipping Price, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the Order in the user environment of the E-shop, while the information on the Price, Shipping Price and Total Price will be entered automatically on the basis of the Goods selected by you, the method of its delivery and payment;
3. c) Your identification and contact data used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address.

  3.4. During the creation of the Order, you can change and check the data until it is completed. After performing the check by pressing the button "Order with payment obligation" You complete the order. Before pressing the button, you must confirm your familiarity with and agreement with these Terms, otherwise it will not be possible to complete the Order. A check box is used for confirmation and consent. After pressing the "Order with payment obligation” all the completed information will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it is delivered to us with a message sent to your e-mail address specified in the Order. A summary of the Order and these Terms and Conditions will be part of the confirmation as an attachment to the e-mail message. The conditions in the wording effective on the day of the Order, ie in the wording attached as an attachment to the confirmation e-mail message, form an integral part of the Agreement. By confirming the Order, the Contract between Us and You is concluded.

3.6. There may also be cases when we will not be able to confirm your Order, especially in cases where the Goods are not available or when you order a larger amount of Goods than is allowed by us. We will always provide you with information about the maximum quantity of Goods in advance within the E-shop, so that you are not surprised by this fact. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In that case, the contract is concluded the moment you confirm our offer.

3.7. If an obviously incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price, even in the case when you have received confirmation of the Order and thus concluded the Contract. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In that case, the new Contract is concluded the moment you confirm our offer. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or missing.

3.8. If the Contract is concluded, you are obligated to pay the Total Price.

3.9. If you have set up a User Account, you can place an Order through it. Even in that case, you have the obligation to check the correctness, truthfulness and completeness of the previously filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.

3.10. In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, it is necessary that you fill in the data about this discount in the pre-determined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.

4. USER ACCOUNT

4.1. Based on your registration in the E-shop, you can access your User account.

4.2. When registering a User Account, it is your duty to correctly and truthfully enter all the entered data and, in the event of a change, to update them.

4.3. Access to the User Account is secured by a username and password. Regarding these access data, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we bear no responsibility.

4.4. The user account is personal and you are therefore not authorized to allow third parties to use it.

4.5. We may cancel your User Account, especially if you do not use it for more than 1 year, or if you violate your obligations under the Agreement.

4.6. The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

 5. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

5.1. The price is always stated within the E-shop, in the draft Order and of course in the Contract. In the event of a discrepancy between the Price specified for the Goods in the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions when shipping is free, is also indicated.

5.2. The total price is stated including VAT and all fees established by law.

5.3. We will request payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can pay the total price in the following ways:

a) By bank transfer. We will send you payment information as part of the Order confirmation. In the case of payment by bank transfer, the total price is payable within 4 working days. days.

b) By bank transfer to EVERIFIN – immediate bank transfer. In such a case, payment is made through the EVERIFIN payment gateway, while the payment is governed by the terms of this payment gateway, which are available at: https://www.everifin.com/sk/terms-and-conditions

c) By card online. In such a case, payment is made through the Comgate payment gateway, while the payment is governed by the terms of this payment gateway, which are available at: https://www.comgate.cz/files/2024-cz-obchodni-podminky-comgate-od-9-11-2023.pdf. In the case of payment by card online, the total price is payable within 2 working days. days.

d) Cash on delivery. In such a case, payment will be made upon delivery of the Goods against their handover. In the case of payment by cash on delivery, the total price is payable upon receipt of the Goods.

e) Cash upon personal collection. It is possible to pay for the Goods in cash in the case of collection at our premises. In the case of payment in cash upon personal collection, the Total price is payable upon receipt of the Goods.

5.4. The invoice will be issued in electronic form after payment of the Total price and will be sent to your e-mail address. The invoice will also be available in the User Account.

5.5. Ownership of the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the total price is paid by crediting to Our account, in other cases it is paid at the time of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THINGS

6.1. The goods will be delivered to you within 80 days at the latest by the method of your choice, while you can choose from the following options:

a) In-person collection at Our facility listed in the list of facilities;

b) Personal collection at the delivery points of the company Zásielkovňa, Paketa;

c) Delivery via the transport companies Slovenská pošta, UPS, DHL, Zásielkovňa;

6.2. The goods can only be delivered within the Slovak Republic.

6.3. The time of delivery of the Goods always depends on its availability and on the chosen method of delivery and payment. The estimated time of delivery of the Goods will be notified to you in the confirmation of the Order. The time indicated in these Terms and Conditions is indicative only and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.

6.4. After taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately of this fact. In the event that there is a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your obligation to collect the Goods from the carrier.

6.5. In the event that you breach your obligation to take over the Goods, with the exception of cases under Art. 6.4 Conditions, it does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Contract due to your substantial breach of the Contract, or to store the Goods, for which we owe you a fee of €5/day. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the right to payment of the price for transport, or the right to compensation for damage, if it has arisen.

6.6. If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed upon in the Contract, it is your obligation to compensate Us for the costs associated with this repeated delivery. We will send the payment details for the payment of these costs to your e-mail address specified in the Agreement and they are due 14 days after the e-mail is delivered.

6.7. The risk of damage to the Goods passes to you the moment you take them over. In the event that you do not accept the Goods, with the exception of cases according to Art. 6.4 Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part the takeover did not take place. The passing of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.

6.8. In the event that the Product was not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in the event of:

a) extraordinary failure of the production of the Goods, whereby we will always notify you of the new expected availability time or information that it will not be possible to deliver the Goods;

b) delays in the delivery of the Goods from Our supplier, while we will always notify you of the new expected delivery time.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of the passing of the risk of damage to the Goods according to Art. 6.7 The condition is that the Goods are free of defects, especially that the Goods:

1. a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties;
2. b) is suitable for the purpose for which you require it and with which we agree;
3. c) is delivered with agreed accessories and instructions for use, including assembly or installation instructions;
4. d) is suitable for the purpose for which Goods of this type are usually used;
5. e) quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of Goods of the same type that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular advertising or by designation;
6. f) is supplied with accessories, including packaging, installation instructions and other instructions for use that you can reasonably expect; a
7. g) corresponds in quality or design to the sample or template that was provided to you before the conclusion of the contract.

7.2. Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (on consumer protection and amending Act of the Slovak National Council No. 372/1990 Coll. on misdemeanors as amended).

7.3. In the event that the Product has a defect, i.e. especially if one of the conditions according to Art. 7.1, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail or a letter to Our addresses listed with Our identification data, or in person at the address: U.S. MR Štefánika 16, 94501 Komárno. For complaints, you can also use the sample form provided by Us, which forms an attachment no. 1 Conditions. In exercising the right from defective performance, it is necessary to choose how you want to solve the defect, and you cannot subsequently change this choice without Our consent. We will handle the claim in accordance with the right you have applied for from defective performance.

7.4. If the Goods are defective, you have the following rights:

1. a) to eliminate the defect by delivering new Goods without defects or by delivering a missing part of the Goods; or
2. b) to remove the defect by repairing the Goods,

if the chosen method of removing the defect is impossible or disproportionately expensive compared to the second method, which is assessed especially with regard to the importance of the defect, the value that the Goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for You.

7.5. We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, especially considering the importance of the defect and the value that the Product would have without the defect.

7.6. Furthermore, you have the right to:

1. a) a reasonable discount from the Price; or
2. b) withdrawal from the Agreement,

if:

1. a) we refuse to remove the defect or do not remove it in accordance with legal regulations;
2. b) the defect manifests itself repeatedly,
3. c) the defect is a material breach of the Contract; or
4. d) it is obvious from our statement or from the circumstances that the defect will not be removed in a reasonable time or without significant difficulties for you.

7.7. The right to withdraw from the contract does not apply if the defect in the goods is insignificant.

7.8. If you caused the fault in the goods yourself, you are not entitled to rights from defective performance.

7.9. A defect in the goods is not the wear and tear of the goods caused by its normal use or, in the case of used goods, the wear corresponding to the extent of its previous use.

7.10. When making a complaint, we will issue you a written confirmation, which will state:

1. a) the date when you applied the claim;
2. b) content of the complaint;
3. c) the method of settlement of the complaint that you require;
4. d) Your contact details for the purpose of providing information about the handling of the complaint.

7.11. If we do not agree on a longer period, within 30 days of receiving the complaint, we will remove the defects and provide you with information about the equipment of the complaint to the specified contact details. If this period expires, you can withdraw from the Agreement or request an appropriate discount.

7.12. We will inform you about the processing of the claim by e-mail and we will issue you a confirmation of the date and method of processing the claim. If the claim is justified, you are entitled to reimbursement of the costs incurred. You are obliged to prove these costs, e.g. receipts or confirmations of the price for transport. In the event that the defect has been removed by the delivery of new Goods, it is your obligation to return the original Goods to us, but we cover the costs of this return.

7.13. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than within three days of receiving the Goods.

7.14. If you are a consumer, you have the right to exercise rights from defective performance in the event of a defect that occurs on the Consumer Goods within 24 months of receiving the Goods.

8. WITHDRAWAL FROM AGREEMENT

8.1. Withdrawal from the Agreement, i.e. the termination of the contractual relationship between us and you from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.

8.2. If you are a consumer, i.e. a person buying Goods outside the scope of your business activity, you have, in accordance with § 7 of Act no. 102/2014 Coll. z the right to withdraw from the Agreement without giving a reason within 14 days from the date of conclusion of the Agreement, or if it is a purchase of goods, then within fourteen days of its receipt. If we have concluded a Contract, the subject of which is several pieces of Goods or the delivery of several parts of the Goods, this period begins to run on the day of delivery of the last piece or part of the Goods, and if we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly, it starts to run on delivery of the first delivery.

8.3. You can withdraw from the Agreement in any demonstrable way (in particular by sending an e-mail or a letter to our addresses listed in our identification data). For withdrawal, you can also use the sample form provided by us, which forms attachment no. 2 Conditions.

8.4. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is the fulfillment specified in § 7 of Act no. 102/2014 Coll. of the Act on Consumer Protection in Distance Selling.

8.5. Deadline for withdrawal according to Art. 8.2 The condition is considered to be preserved if you send us a notification that you are withdrawing from the Agreement during it.

8.6. If you withdraw from the Agreement according to Art. 8.2 Conditions, you are obliged to send the Goods to us within 14 days of withdrawal and bear the costs associated with returning the Goods to us. On the contrary, you are entitled to have us refund you the price for transport, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered at the time of delivery of the Goods. In the event of withdrawal due to the fact that we violate the concluded Agreement, we also pay the costs associated with returning the Goods to us, but again only up to the amount of the transport price corresponding to the cheapest offered method of delivery of the Goods, which we offered at the time of delivery of the Goods.

8.7. If you withdraw from the Contract, the price will be returned within 14 days from the effective date of the withdrawal to the account from which it was added, or to the account chosen when withdrawing from the Contract. However, the amount will not be refunded until we receive the Goods or you prove to us that they have been sent back to us. Please return the goods to us clean, preferably including the original packaging.

8.8. If you withdraw from the Agreement according to Art. 8.2 Conditions, you are responsible for the decrease in the value of the Goods, which occurred as a result of handling these Goods in a manner other than what is necessary for you to familiarize yourself with the nature, properties and functionality of the Goods, i.e. in the way you would familiarize yourself with the Goods in a brick-and-mortar store . If we have not yet returned the price to you, we are entitled to offset the cost claim against your claim for a refund.

8.9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Art. 6.1 Terms. We may also withdraw from the Agreement if it is apparent that you have intentionally provided incorrect information in the Order. If you purchase Goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. RESOLUTION OF DISPUTES WITH CONSUMERS

9.1. In relation to the buyer, the seller is not bound by any codes of conduct in accordance with the provisions of § 3 par. 1 letter n) of the Act on Consumer Protection in Distance Selling.

9.2. We handle consumer complaints via the email address [email protected]. We will send information about handling the complaint to the buyer's email address.

9.3. It is responsible for the out-of-court settlement of consumer disputes arising from the Agreement
Slovak Trade Inspection, with registered office at Bajkalská 21/A, 827 99 Bratislava, ID:
17331927 , internet address: https://www.soi.sk/. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used in the resolution of disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

9.4. European Consumer Center Slovak Republic, with registered office Mlynské nivy 4924, 827 15 Bratislava, internet address: https://www.europskyspotrebitel.sk/, is the contact point according to the Regulation of the European Parliament and the Council (EU) no. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

10. FINAL PROVISIONS

10.1. If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Slovak Republic), the relationship will always be governed by the law of the Slovak Republic. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.

10.2. We will deliver all written correspondence with you by electronic mail. Our e-mail address is listed with our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in your User Account or through which you contacted us.

10.3. The contract can only be changed based on our written agreement. However, we have the right to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in the event that you order new Goods, but the change does not create a right of termination, because we do not have a contract that could be terminated), or you based on the Contract, we are to deliver the Goods regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending the information about the change the termination of the concluded Contract for regular and repeated deliveries of Goods, the new conditions become part of our Contract and will be applied to further deliveries of Goods following the effective date of the changes. The notice period in case you give notice is 2 months.

10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), we are not responsible for damage caused as a result of or related to cases of force majeure, and if the condition of force majeure lasts longer than 10 days, we and you have the right to withdraw from the Agreement.

10.5. The Annex to the Terms and Conditions contains a sample complaint form and a sample form for withdrawing from the Agreement.

10.6. The contract, including the Terms and Conditions, is archived in electronic form with us, but it is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without our cooperation. We recommend always saving the confirmation of the Order and the Terms and Conditions.

10.7. These Terms and Conditions take effect on January 1, 2024.

APPENDIX NO. 1 – COMPLAINT FORM

Addressee: Red cube s.r.o., Nám. MR Štefánika 16, 94501 Komárno.

Claim application

At the same time, I request the issuance of a confirmation of the application of the complaint stating when I exercised this right, what is the content of the complaint, what method of resolution of the complaint I require, along with my contact details for the purpose of providing information about the handling of the complaint.

Date: Signature:

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APPENDIX No. 2 – CONTRACT WITHDRAWAL FORM

Addressee: Red cube s.r.o., Nám. MR Štefánika 16, 94501 Komárno.

I hereby declare that I withdraw from the contract:

If the buyer is a consumer, he has the right if he ordered the goods through the company's e-shop Red cube sro or other means of remote communication, except in the cases indicated in § 7 par. 6, Act. no. 102/2014 Collections of laws, Civil Code, as amended, withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or if it is a purchase of goods, within fourteen days of its receipt. In the case of a contract, the subject of which is several pieces of goods or the delivery of several parts of the goods, this period begins to run only from the date of delivery of the last piece or part of the goods, and in the case of a contract based on which the goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.

The buyer shall notify the Company of this withdrawal in writing to the Company's business address or electronically to the e-mail indicated in the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods he received from the Company.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company will return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (the purchase price of the delivered goods), including the delivery costs, which he received from him on the basis of the purchase contract accepted, in the same way. If the buyer has chosen a different method of delivery of the goods than the cheapest method offered by the Company, the Company will reimburse the buyer for the cost of delivery of the goods only in the amount corresponding to the cheapest method of delivery of the goods offered. The Company is not obliged to return the received funds to the buyer until the goods are received back or the buyer proves that he sent the goods to the Company.

Date: Signature: