I. Basic Provisions
These Terms & Conditions govern the relationship between the parties of the Sale contract and/or License agreement, where on one side figures the company Jiří Vaněk, ID No. 61423327, VAT CZ5808272052, based in Vachova 43/5, Brno, 602 00 as the seller (hereinafter referred to as "Milani Cosmetics") and on the other side, the buyer (hereinafter referred to as the "Buyer") with a delivery address outside the Czech Republic and Slovakia.
Buyer represents a consumer or an entrepreneur.
Consumer represents a person who acts outside his own business frame or outside the frame of his independent profession by closing the contract, or otherwise negotiating with Milani Cosmetics.
Entrepreneur represents a person or business entity that performs separately on its own account and responsibility a profitable activity by trading or equivalent manner with intention of doing so consistently and for profit. As the entrepreneur is considered "inter alia", for the purposes of consumer protection, any person who enters a contract related to his own commercial, industrial or similar activity, or during the exercise of his own profession, as well as the person acting on behalf of, or on the account of the entrepreneur.
By placing an order, the Buyer hereby confirms that he read these Terms and Conditions of which the integral part is constituted by communication prior to the self-conclusion of the contract, the complaints procedure and the Terms of Delivery the Buyer explicitly agrees with them in a version valid at the moment the order is dispatched, and understands the English version of these documents without any objection.
The Buyer is aware, that by purchasing products from the trade list of Milani Cosmetics, he does not obtain any special rights for the utilization of trademarks, market names or company logos, etc. of Milani Cosmeticsor its contractors, unless otherwise stipulated by special agreement.
The Buyer will receive a copy of the Terms and Conditions as an attachment to the order confirmation in the mentioned email address, and an invoice containing basic information when he receives the goods and/or services.
II. Communication prior to entering the Sale contract
Milani Cosmetics maintains that
- the cost spent on distance communication does not differ from the basic rate (in the case of Internet or Dial-up connection according to the terms of your operator, Milani Cosmetics does not charge any additional fees, (this does not apply in the case of transport contract),
- payment of the purchase price is required before goods are supplied to the Buyer, eventually the obligation to pay a deposit or similar payment will apply in the case of Buyer's requirements for providing specific services, if requested and delivered,
- Milani Cosmetics does not enter into contracts, the subject of which is repetitive performance, if such contracts provide the shortest period for which the contract binds the parties, the provider of such a performance informs, including data about the price or about the manner of its determining per one billing period, which is always one month if the price stays fixed;
- in the case of license agreements concluded for an indefinite period, the license price will be agreed for the entire period the license is provided for, unless otherwise stated;
- the prices of products and services on www.milanicosmetics.eu are presented both including VAT, include all fees settled by Czech law, nevertheless the delivery cost for products and services differ according to the chosen transportation method and carrier, and the method of payment, and does not reflect any customs duties or other fees set by the law valid in the country of delivery;
- The Buyer can close a contract by accepting the contract proposal presented on www.milanicosmetics.eu by placing required (goods, services, electronic content) into his cart, and if he is a registered user, he can buy it faster. The Buyer can use the assistance of an Milani Cosmetics employee via telephone if required when making an order on-line, by fax or email. Before the Buyer bindingly confirms his order, he also has the right to change the method of payment, as well as the ordered goods and form of delvery, and therefore must check all the data entered into the order. The sale contract is valid only when an order has been submitted, and accepted by Milani Cosmetics following the Buyer selecting a method of payment and transport. Milani Cosmetics is not responsible for any errors which may occur during data transmission. When the contract is concluded, Milani Cosmetics immediately confirms the order by sending an informative email to the mentioned email address of the Buyer.
- Obligatory annex to this confirmation is the actual version of the Terms and Conditions including the Complaints Procedure of Milani Cosmetics. Concluding contract (including the agreed price) can be changed or cancelled only by the agreement of the parties or pursuant to legal reason stated by law. For the exception from this procedure, see the section: Ordering.
- Relationships and any eventual disputes, which arise from the contract, shall be resolved exclusively under Czech law and will be decided by the competent Courts of the Czech Republic. In the case of a breach of the consumer protection law valid in the Czech Republic and consumer protection law valid outside the borders of the Czech Republic, will be applied the legal order more preferable for the consumer.
- The contract is concluded in the English language. In the event of a dispute about the interpretation of the provisions of the contract, the English translation will have the priority.
- Buyers acknowledge that all goods, licenses and manuals offered by Milani Cosmeticss are localized for the Czech Republic, and respectively for Slovakia.
- The concluded contract is archived by Milani Cosmetics for at least five years after the date of its conclusion, up to a maximum period of 5 years according to the relevant legislation for the purposes of its successful fulfillment, and will not accessible to non-participating third parties. Information about individual technical steps leading to a conclusion of a contract are visible from the Terms and Conditions, in which this process is clearly described.
- By the sale contract, Milani Cosmetics undertakes to deliver the goods or provide the digital content/license that constitute the purchase subject, and allow the Buyer to acquire the property rights/license, and the Buyer undertakes to take receipt of the goods/digital content, and pay the purchase price to Milani Cosmetics.
- Milani Cosmetics reserve the property rights to the goods, and therefore the Buyer becomes the owner after the full payment of the purchase price.
- Milani Cosmetics delivers the goods, and all related documentation to the Buyer, and enable him to acquire the property rights to the goods/license in accordance with the contract.
- Milani Cosmetics fulfills the obligation to deliver the goods to the Buyer by enabling him to deal with the goods in the place of the fulfillment and notifying him about it on time.
- Milani Cosmetics supplies goods to the Buyer (entrepreneur) by passing them to a carrier, allowing the Buyer to apply his rights from the transportation contract against the carrier, Milani Cosmetics passes the property rights to the Buyer as soon as the carrier delivers the goods.
- If Milani Cosmetics sends a higher amount of goods than agreed, the sale contract will be closed at the excess amount, unless it is refused by the Buyer without undue delay.
- Milani Cosmetics sends the purchase subject to the Buyer in the agreed quantity, quality and design.
- Unless it is directly stated how the goods should be wrapped, Milani Cosmetics custom wraps the goods; if there are none, then by the necessary means for maintaining the goods and its protection. Milani Cosmetics arranges the goods for transportation in the same manner.
- Goods are considered defective if they do not feature the agreed properties. Defective goods are considered as a delivery of different goods, and mistakes in documents required for the use of the item.
- The right of the Buyer from the defective goods is based on the defect which the goods had at the time of the transfer of the risk for the damage to the Buyer, even it to take effect later. Buyer's rights will be established also by a defect appearing later due to a breach of duties by Milani Cosmetics.
- The Buyer verifies the goods as soon as possible after the transfer of risk for damage and assures its properties and quantity.
- The risk for damage passing to the Buyer by taking over the goods. The same consequence as the situation when the buyer does not take the goods into his possession, even though Milani Cosmetics already allowed him to handle it.
- The damage at the goods, originated after the transfer of the risk for the damage at the goods to the Buyer, has not an affect to its obligation to pay the purchase price, unless Milani Cosmetics caused the damage by breaching its duties.
- The delay of one contractual party taking over the goods creates to the other contractual party the right, after the prior notice, to sell the goods in appropriate manner and after providing to the lingering an additional reasonable period of time to take over the goods. This applies also to the situation when the contractual party is in delay with the payment, which is the main condition for the purchase of goods.
1. Responsibility of Milani Cosmetics
- Milani Cosmetics is responsible to the Buyer that goods do not have any defects at the time of receipt. In particular, Milani Cosmetics corresponds to the Buyer that at the time of receipt,
- the goods has properties, which the parties have agreed, and in the case of an absence of such an agreement, those properties which Milani Cosmetics or the manufacturer described, or which the Buyer has expected in accordance to the nature of the goods and the advertisement published by them,
- In the case that a defect originates within six months of receipt, it is considered that the goods were defective at the time of receipt.
- The Buyer is entitled to exercise the right from the defect which originates from the consumer goods within a period of twenty-four months from the date of receipt, although this does not apply:
- to goods sold at a reduced price due to a defect for which the reduced price was arranged,
- the goods are suitable for the purpose presented by Milani Cosmetics, or to which such goods are ordinarily used
- the goods are in the right quantity, measure or weight and
- the goods are suitable to requirements of the legislation.
- to wear and tear of goods caused by normal use,
- to used goods that the defect reflected the wear of the goods at the time of the receipt by the Buyer, or
- if defect occurs due to the nature of the goods.
- The right for the defective performance does not belong to the Buyer if he knew about the defect at the time of receipt, or if the Buyer caused the defect himself.
- If goods have a defect, from which Milani Cosmetics committed, and if the goods sold for a lower price or are used goods, the Buyer has, instead of the right to exchange the goods, the right for a reasonable discount.
2. Substantial breach of contract
If the defective performance presents a breach of contract, the Buyer has the right for the removal of the defect by the delivery of new goods without defect, or by the delivery of missing parts if it is not inappropriate due to the nature of the defect, but if the defect relates only to part of the item, the Buyer may request only for its replacement; and if it is not possible, the Buyer can withdraw from the contract. However, if it is inappropriate due to the nature of the defect, especially if the defect can be removed without delay, the Buyer has the right for the free removal of the defect;
- the removal of the defect by repair of the item,
- a reasonable discount from the purchase price, or
- the withdrawal from the contract.
The Buyer shall communicate to Milani Cosmetics, which right he has chosen at the time of the notification of the defect, or without an undue delay after the notification of the defect. The Buyer cannot change the selected option without the consent of Milani Cosmetics; this is not valid in the case where the Buyer requests to repair the defect, when it cannot be repaired. If Milani Cosmetics does not remove defects within a reasonable period of time, or notifies the Buyer that the defects cannot be removed, the Buyer may instead request a reasonable discount from the purchase price, or withdraw from the contract. If the Buyer does not choose his right in time, he will have rights as in the case of a minor breach of contract - see below.
The Buyer has the right for a reasonable discount in the case that Milani Cosmetics cannot deliver new goods without defects, replace the parts or repair the goods, as well as in the case that Milani Cosmetics does not realize the repair within a reasonable period of time, or if the realization of the repair caused substantial difficulties for the Buyer.
3. Unsubstantial breach of contract
- If a defective performance presents an unsubstantial breach of contract, the Buyer has the right for the removal of the defect, or for a reasonable discount from the purchase price.
- Until the Buyer exercises his rights for a discount on the purchase price or withdraws from the contract, Milani Cosmetics may deliver missing parts, or remove the legal defect. Other defects Milani Cosmetics can remove at its option, by repairing the goods or delivering new goods.
- If Milani Cosmetics does not remove the defect in time or refuses to remove the defect, the Buyer may request a discount from the purchase price or withdraw from the contract. The Buyer cannot change the selected option without consent from Milani Cosmetics.
- The Buyer has the right for the delivery of the new goods or the replacement of components also in the event of removable defects, since he cannot use the matter properly because of the repeated occurrence of the defect or because of a greater number of defects. In such a case the Buyer has the right to cancel the contract.
- Upon delivery of new goods, the Buyer must return the originally delivered goods to Milani Cosmetics at his own expense.
- If the Buyer does not announce the defect without undue delay after he could realized it by the timely inspection and sufficient care, the Court will not admit him the right from the defective performance. The same procedure applies in the case if there is a hidden defect, unless the defect was not notified without undue delay after the Buyer could determine it with sufficient care, but no later than two years after the goods were delivered.
- By the warranty for a quality Milani Cosmetics undertakes that the goods will be eligible for a certain period of time to be used for the usual purpose, or that it will retain the usual properties. These effects also has the statement about the warranty period or duration of the goods at the packed or in advertisement. The warranty can be given even for individual components of the goods.
- The warranty period commences from the date when goods were delivered to the Buyer; if, according to the contract, the goods were sent by post or carrier, the warranty period commences from the date when goods were delivered to its destination. If the goods shall be brought into operation by someone else other than Milani Cosmetics, the warranty period begins from the date of bringing the goods into operation if the Buyer ordered the commissioning within three weeks after the date of receipt of the goods, and provided necessary cooperation at the performance of the service correctly and on time.
- The Buyer has not the right from the warranty, if the defect was caused by an external event after the transfer of the risk for damage on the goods to the Buyer
IV. Withdrawal from the contract
Withdrawal by the consumer.
The consumer has the right to withdraw from the contract within a period of fifteen days. The period mentioned in the first sentence runs from the date of the contract is concluded and in the case of the purchase contract, from the date goods were received, a contract, subject of which is several types of goods or delivery of several parts, from the date the last goods were received, or a contract, subject of which is the regular, recurrent delivery of the goods, from the date the first goods were received.
Milani Cosmetics allows the consumer to withdraw from the contract by completing and sending a sample document for the withdrawal from the contract published on the website, and therefore Milani Cosmetics confirms to the consumer its adoption without any delay and in text form.
You can also withdraw from the contract via post at the address Milani Cosmetics, Bohunická 81, 619 00 Brno, Czech Republic.
If the consumer withdraws from the contract, he sends or transmits to Milani Cosmetics without undue delay and no later than fourteen days after the withdrawal, all goods received from Milani Cosmetics, and at his own expense.
The goods should be returned by the consumer in full, with complete documentation, undamaged, clean, preferably including its original packaging, and in the condition and value as when the goods were received.
If the Buyer decides to withdraw within the stated period, it is recommended for the faster procedure of withdrawing deliver the goods to the address of Milani Cosmetics together with the attached cover letter with a possible reason of withdrawal from the contract (not required), with the number of the purchase document and indicated bank account number, or mentioning whether the amount will be returned in cash, or whether it will be drawn in the form of Milani Cosmetics Credit.
The Buyer responds to Milani Cosmetics only for the reduction of the value of the goods that originated as a result of the handling with the goods other way than it is convenient with regard to its nature and properties.
If the consumer withdraws from the contract, Milani Cosmetics will return to him, without undue delay and no later than a period of fourteen days after the withdrawal, all monetary funds except the cost of delivery (noting that the consumer has the right for the free delivery of the goods in selected situations) according to the contract, and in the same manner initially received.
In the case, that the Buyer has the full registration (name, surname, address and contact email) Milani Cosmetics will return all received monetary funds, excluding the cost of delivery as special gift vouchers (Milani Cosmetics Credits), which can be used according to conditions of the Milani Cosmetics Credit service.
If the consumer withdraws from the contract, Milani Cosmetics is not required to return the received monetary funds before the consumer gives or proves that he sent the goods to Milani Cosmetics.
The consumer notes that if the goods were supplied as a gift, a gift contract between the Buyer andMilani Cosmetics will be concluded with a condition that if it occurs to the usage of rights of the consumer to withdraw from the sale contract, the gift contract shall expire and the consumer is required together with the returning of the goods to return related gifts including everything, that he received. In the case that these will not be returned, all such values will be considered an unjust enrichment of the Buyer. If the issue of the subject of an unjust enrichment is not possible, Milani Cosmetics has the right for the monetary reimbursement in a usual price.
Withdrawal in other cases
- The Buyer cannot withdraw from the contract or demand the delivery of the new item, if he is not able to return the goods in the state in which he received it. This does not apply if the change in the state of the goods is a result of the inspection for the detection of defects
- if the Buyer used the goods before the discovery of defects
- if the Buyer causes the impossibility of returning the goods in the same state by act or omission, or
- if the Buyer sold the goods before the discovery of the defect, consumed it or altered the goods during the normal use; if happens so just partially, the Buyer shall return to Milani Cosmetics what still can be returned and reimburse the rest to Milani Cosmetics to the amount in which he has benefited from the use of the goods.
- If the Buyer does not report the defect of the goods on time, he will lose the right to withdraw from the contract.
V. Security and Protection of Information
Security and personal data protection is provided in accordance with Directive (EU)2016/679. All information about user´s rights and private data protection are provided in a separate document on the website.
VI. Operating time
Orders via Milani Cosmetics online store: 24 hours a day, 7 days a week.
All prices are contractual. The online stores always shows actual prices valid according to the current exchange rates published by the Czech National Bank.
Prices are charged including VAT, respectively including all other taxes and fees that the consumer must pay for obtaining the goods, this does not cover any freight charges, postal fees and the cost for distance communication or special legal charges under the laws of the country where it is delivered to the Buyer, or any duties, etc.
Special prices are valid until the reselling of stocks at publishing pieces of sale goods or for a specified period of time.
Usual price means by the manufacturer / supplier suggested retail price.
The Buyer will receive the goods for the price valid at the time of ordering. This price will be noted in the order and the message confirming the acceptance of a goods order.
Orders can be made in the following ways:
- by eshop, www.milanicosmetics.eu;
- by email, firstname.lastname@example.org;
Milani Cosmetics recommends the Buyer places orders by e-shop through the Buyer's profile registered at www.milanicosmetics.eu. In the case of using public internet access, it is also recommended the Buyer unsubscribes from his profile after placing the order
Milani Cosmetics accepts the following payment conditions:
- the payment in advance by bank transfer,
- payment via internet interface of bank
- payment by MasterCard or Visa through an internet payment portal
- cash on delivery (the carrier collects cash from a customer - the Buyer pays the extra postal fee - see Terms of Delivery).
- payment through Paypal.
The goods remain in the property of Milani Cosmetics until full payment and receipt, but the risk for the damage on the goods passes by the assumption the goods by the Buyer. Until full payment Milani Cosmetics is not obligated to provide services and / or licenses.
X. Terms of delivery
Specific conditions of transport and delivery the goods to the Buyer govern various options are defined always at a specific mode of transport and on www.milanicosmetics.eu.
Transport rates can be found on www.milanicosmetics.eu.
The Buyer is obliged to check at the time of the delivery together with the carrier the state of the consignment (number of parcels, the integrity of the tape with company logo, damage to the box) according to the attached delivery note. The Buyer is entitled to refuse receipt of the consignment, which is not in accordance of the sale contract in a way that the consignment is incomplete or damaged. If the Buyer accepts a damaged consignment from the carrier, it is necessary to refer the damage in the carrier’s transfer protocol.
An incomplete or damaged consignment must be announced immediately via the contact form or by email, draw up a damage report with the carrier and sent by fax, email, or post to Milani Cosmetics without undue delay. Additional reclamation of incompleteness or external damage on the consignment does not relieve the Buyer the right to complain about the goods, but it givesMilani Cosmetics the opportunity to prove that it is not a conflict with the provisions of the sale contract.
XI. Warranty conditions
Warranty conditions for goods are governed by Milani Cosmetics´s complaints procedure. As a warranty list is usually used the proof of purchase (see Complaints Procedure).
XII. Final provisions
These General Terms and Conditions, including its components are valid and effective from 22.5.2018