1. Introductory provisions
1.1 These general business terms and conditions apply to purchase through the www.cocochoco.cz. webshop. Terms and conditions specify the rights and obligations of the seller (operator) and buyer (customer, consumer).
1.2 The operator of the www.cocochoco.cz webshop is:
Home Expert, s.r.o.
VAT ID: CZ24784842
182 00 Praha 8, Czech Republic
Československá obchodní banka a.s.
Account number: 241038675 / 0300
Slovenská spořitelna, a.s.
1.3 For the following articles applies: The seller is the operators of the www.cocochoco.cz webshop. The buyer is the customer of the www.cocochoco.cz webshop, whereas buyer can be a natural or legal person. The buyer - consumer is anyone who outside their sphere of business or individual performance of their profession concludes a contract the seller or has any kind of transaction with the seller. A customer who is not a consumer is a business entity. A business entity is also any person who establishes contracts relating to their own commercial, manufacturing or similar activity or the performance of their profession or any person who is acting on behalf or in the name of a business entity.
1.4 By ordering goods from the seller the buyer acknowledges that some of the goods offered by the seller are cosmetic products. Any such products are accompanied by instructions for use and their improper use may lead to damage to health. The buyer hereby declares that they are familiar with how these products should be correctly applied. The seller accepts no responsibility for the improper use of cosmetic products and their effects. Incorrect use is especially such application which is in conflict with the information provided on the product and in the manufacturer's recommendations.
2. Ordering goods, purchase agreements
2.1 The buyer orders goods from the seller at the web address www.cocochoco.cz. The display of goods in the catalogue of the webshop is not an offer, but only an invitation to propose an offer. The offer is proposed by the buyer by sending an order. The order is made by completing the order form and sending it directly from the webshop interface in an electronic form. The condition for validity of electronic orders is completing all the prescribed information and requirements in the order form. Consumer registration is not necessary to submit the order.
2.2 By completing the order or registration forms within the www.cocochoco.cz webshop and sending it, the buyer gives consent to the seller with collection and storage of personal data on the buyer and their purchases. If the buyer does not agree to the collection and storage of their personal data and data on purchases, they may express their disagreement by not completing the order or registration. Any activity related to the processing of personal data is fully in accordance with the requirements of the law, namely Act No. 101/2000 Coll., especially §5(2)(b) and (6).
2.3 By submitting an order the buyer confirms that they have become familiar with these terms and conditions and that they agree with them. The order is the proposal for a purchase contract. The seller confirms the delivery of the order by an automatic e-mail, which does not constitute the acceptance of the offer, but only the confirmation of delivery of the order. The seller shall explicitly accept or decline the offer. The purchase contract is concluded at the moment when an explicit acceptance of the order by the seller is delivered to the buyer or in the event of changes at the moment of receipt of the order confirmation by the buyer to the seller.
2.4 The seller is entitled to cancel an already confirmed order provided the goods are no longer manufactured, supplied or are currently not in stock, or its price changes significantly. In such cases, the seller is obliged to contact the buyer and agree on alternative solutions.
2.5 The seller is not responsible for the availability of all displayed products; any goods are displayed subject to the depletion of stocks.
3. Delivery terms and conditions
3.1 The ordered goods will be sent by the seller to the address of the buyer stated in the order, no later than:
- within 1-3 working days from the confirmation of the order for a cash on delivery consignment, where all ordered goods are physically in stock on the date of ordering
- within 1-3 working days from the receipt of payment (credit to the bank account) for pre-paid orders, where all ordered goods are physically in stock on the date of ordering
- within 30 working days from the confirmation of the order for a cash on delivery consignment, where any of the ordered goods is not physically in stock on the date of ordering
- within 30 working days from the receipt of payment (credit to the bank account) for pre-paid orders, where any of the ordered goods is not physically in stock on the date of ordering
The above time limits for delivery of the goods have been determined in the light of possible delays due to the unavailability of the goods from the supplier or longer waiting period for the production of the product. The buyer will always be informed about the status of the shipment. The indicative (estimated) time (if known) to dispatch the goods which are not in stock is posted on the website in the detail of the product.
3.2 If the seller is unable to ship the ordered goods within the above dates, they are obliged to inform the buyer via email or phone and propose an alternative way of fulfilling the order.
3.3 The seller is not responsible for the delay or absence of delivery in the event that this was caused by the buyer or by the delivery service. Further, the seller is not responsible for the consequences of not accepting or not confirming the order through the internet as a result of involuntary loss of connection or other technical problems.
3.4 The buyer is obliged to receive duly the ordered and shipped goods and pay the price for the goods including the cost of delivery in the following ways:
- in cash (for personal collection of goods at the address: (see stores and delivery points)
- transfer to a bank account
- cash on delivery (at the time of reception from the carrier or post office)
- online credit card, paypal
3.5 The buyer shall pay the price for the goods indicated in the order at the time of the sending of the order. All prices include VAT. Prices are valid always until stocks are depleted, unless otherwise specified. The costs associated with the shipping of the goods are always covered by the buyer, depending on the method of delivery:
- GLS/DPD courier
- Personally (based on the confirmation of the order and an email or phone confirmation of the goods prepared to be picked up at the address: (see stores and delivery points)
3.6 The buyer confirms the delivery by signature on the accompanying document. The place of delivery of the goods is the address stated by the buyer in the order form.
3.7 The right of ownership of the goods is transferred to the buyer only upon proper payment of the purchase price and accepting the goods.
3.8 The fee for transport is shown in the order or is specified in the confirmation of the by the customer service personnel. In some cases, the seller may also charge packing; in such cases, the packing price is stated in the order confirmation.
3.9 The costs incurred by the buyer when using remote communication means in relation to the purchase contract (costs of the internet connection, telephone costs) are paid by the buyer.
3.10 On 13 August, 2005, the amended law on waste came into force. The amended law stipulates the requirements for the manufacturers and sellers of electric household appliances, which are also subsequently affecting their end users. Home Expert, s.r.o. carries the cost of the payment of the fee for recycling for all products and thereby saves the money of its customers (the fee is dissolved in the price of the product). No recycling fee is added to the final price.
3.11 Pictures used in the webshop are only referential and the appearance of the delivered goods may differ.
4. Withdrawal from the purchase contract
4.1 1 The buyer - consumer has a right under §1829(1) of the Civil code (Act No. 89/2012 Coll., Civil Code, hereinafter referred to as “the Civil Code”) to withdraw from the contract in writing or electronically within 14 days of the receipt of the goods without giving any reason, provided that the purchase contract has been concluded using the means of remote communication. For withdrawal from a contract, it is possible to use the withdrawal form, found at this web address: HERE
4.2 Based on the applied right of withdrawal from the contract, the goods must be handed over or sent to the seller without undue delay, at the latest within 14 days from the withdrawal from the contract, undamaged, packed and protected against damage during transport in the same way that it was protected for the delivery. The costs of returning the goods shall be paid by the buyer. The buyer shall be responsible for the reduction in the value of the goods, which arose from the use of such goods other than necessary with regard to its nature and properties. The seller is not obliged to accept goods damaged or in a condition complicating or not allowing its resale and in such an event the withdrawal from the contract is not in effect.
4.3 Where the buyer - consumer decides, they shall send the undamaged goods without signs of use or wear back to the seller. The seller has the right to reimbursement of the actually incurred costs associated with the return of the goods if these costs are really incurred and the seller is able to provide evidence thereof.
4.4 In order to develop and improve the quality of services, where the buyer withdraws from the purchase contract, they are asked to provide the reason for such withdrawal or complaint (it is not required by law and it is not a condition of the seller for the return of the goods).
4.5 After the withdrawal from the purchase contract, the payment for the goods including postage/shipping will be returned to the buyer either in the same way that the buyer has paid or in a different way agreed in advance, at the latest within 14 days after the withdrawal from the purchase contract. The seller shall not be required to return the payment sooner than the buyer returns the goods or provides a proof that they have sent the goods to the seller. The amount shall be equal to the difference between the purchase price and the seller's actually incurred costs of returning the goods and the amount corresponding to the reduction in the value of the goods as described in the paragraph 4.2 of this article. The amount will be further reduced by the amount representing the additional costs for the method of delivery of goods where it is different than the cheapest way of standard delivery of the goods offered by the seller. The customers in Slovakia will receive only the amount for the goods, it is not possible to return money for postage/shipping. Sending goods back in cash on delivery consignments is not possible and all such consignments will be immediately rejected and returned to the sender.
4.6 Upon agreement, the returned payment may be replaced different goods in the corresponding value. For consignments concerning only the exchange of goods, handling and postage may be charged.
4.7 Goods damaged in transit as a result of sending returned goods in an inappropriate packaging cannot be replaced or request a refund for such goods.
5. The protection of personal data
5.1 The seller is committed to protect the personal data provided by the buyer in accordance with the Act on the Protection of Personal Data and Amendment to Some Acts (Act No. 101/2002 Coll.). The personal data provided are used in particular for the following purposes: processing orders of the buyer, complaints, etc., informing the buyer of facts directly related to their orders, complaints, etc., providing information on goods, prices, etc.
5.2 The seller reserves the right to make use of all the publicly available means of verifying the accuracy and validity of personal data.
5.3 The seller reserves the right to refuse to process the registration in the event that they will find that the data provided: are not true, were provided by a person or entity other than the one they belong to, were provided with the intention, which is in breach of the laws in force in the territory of the Czech Republic.
5.4 The personal data provided by the buyer are processed and stored safely in the information system of the seller and are securely protected against abuse by a third party. The buyer has the right to request a change in these data at any time, or they may request cancellation of the registration. Any data obtained from the buyer are only for the internal use of the seller and are not provided to third parties outside the courier/mail services (selected by the buyer), which receives personal information of the buyer only to the extent necessary to deliver the ordered goods.
5.5 The seller declares that the possessed data will not be provided to third parties, will not be sold or used for commercial offers not related to the seller's webshop, will be used solely in the scope permitted by the Act on the Protection of Personal Data, personal data of the buyer will be deleted from the seller’s database except for the data that the seller is obliged to keep pursuant to other laws.
6. Warranty policy
6.1 The warranty policy provides the procedure and basic conditions for claiming defects of goods and application of warranty claims by the buyer (consumer). The warranty policy shall be subject to the provisions of Act No 89/2012 Coll., Civil Code, and Act No. 634/1992 Coll., Consumer Protection Act, of the Czech Republic.
6.2 The warranty period for natural persons (consumers)is 24 months from the date of purchase.
6.3 The buyer raises the complaint by one of the following ways:
- e-mail sent to the address: firstname.lastname@example.org
- personally, at the address: Náměstí Třebízského 424, 25067 Klecany, Czech Republic
- by post - sending a complaint letter to the address: Náměstí Třebízského 424, 25067 Klecany, Czech Republic
6.4 Any applied complaint must include:
- number of order or invoice, name and type of returned goods
- detailed description of the defects found and their manifestation
6.5 The warranty does not cover:
- Goods damaged mechanically by the buyer
- Wear of goods due to normal use
- Improper use of the goods which is not in accordance with the instructions for use
- Goods where maintenance is required and buyer has not provided the maintenance
- Defects of goods that have been sold at a lower price because of such defects
- Defects caused by the natural disasters, weather or use of force
6.6 Settling claims:
- Removal of defects (repair) free of charge
- Replacing goods with new products
- An appropriate reduction in the purchase price (the customer will continue using goods acknowledging the goods cannot be claimed)
- The right to withdraw from the contract
6.7 The seller shall inform the buyer within 3 days of the receipt of the complaint and the possible settlement be e-mail or phone, unless agreed otherwise with the buyer.
6.8 Where the complaint is recognised as legitimate, the complaint shall be settled at the latest within 30 days from the date of raising the complaint, unless the seller has not agreed a longer term with the buyer.
6.9 Where the warranty conditions and complaint procedures are not observed, the complaint need not be a recognised as legitimate under this warranty policy. In such case, the seller is entitled to require compensation of the costs incurred by him in connection with the complaint from the buyer.
7. Final provisions
7.1 By registering at the www.cocochoco.cz webshop or placing and order, the buyer acknowledges that they are familiar and agree with all points of general business terms and conditions in full. The buyer declares that they have been sufficiently informed before submitting the order on the possibility to become familiar with these terms and conditions.
7.2 The seller reserves the right to change these general business terms and conditions without prior notice.
7.3 These general business terms and conditions are in force since 1. 1. 2018 in the version available at the seller’s website - www.cocochoco.cz - on the day of placing the order.
7.4 Any legal relationships and disputes arising out of these terms and conditions shall be governed solely by the law of the Czech Republic and will be resolved by the respective courts of the Czech Republic. Any disputes between the seller and the buyer can also be settled out of court. In this case, the buyer (consumer) may contact the out-of-court dispute settlement body, such as the Czech Trade Inspection, or settle the dispute online through the respective ODR platform. More information on dispute settlement out of court can be found here. Before attempting to settle the dispute out of court, it is recommended to the buyer to contact the seller to resolve the situation.
7.5 All photos, descriptions of goods, the logo of the operator or other text contents displayed on the website are the property of the Home Expert, s.r.o. CEOs and are subject to the copyright protection of pursuant to Act No. 121/2006 Coll. In this respect, their distribution or making copies is prohibited.