These Terms & Conditions govern the relationship between the parties of the Sale contract and/or License agreement, where on one side figures the company www.milanicosmetics.eu – Jiří Vaněk, ID No. 61423327, VAT CZ5808272052 , based in Vachova 43/5, Brno, 602 00, registered in the Commercial Register of the Municipal Court in Brno under Section B, Inset 8573 as the seller (hereinafter referred to as "Milani Cosmetics EU") 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 EU.
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 EU, he does not obtain any special rights for the utilization of trademarks, market names or company logos, etc. of Milani Cosmetics EU or 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.
Communication prior to entering the Sale contract
Milani Cosmetics EU maintains that
The consumer cannot withdraw from a contract about:
Responsibility of Milani Cosmetics EU
Milani Cosmetics EU is responsible to the Buyer that goods do not have any defects at the time of receipt. In particular, Milani Cosmetics EU 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 EU 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:
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 Buyer shall communicate to Milani Cosmetics EU, 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 EU; this is not valid in the case where the Buyer requests to repair the defect, when it cannot be repaired. If Milani Cosmetics EU 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 EU cannot deliver new goods without defects, replace the parts or repair the goods, as well as in the case that Milani Cosmetics EU does not realize the repair within a reasonable period of time, or if the realization of the repair caused substantial difficulties for the Buyer.
Unsubstantial breach of contract
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 EU 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 EU 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 EU, Bohunická 81, 619 00 Brno, Czech Republic.
If the consumer withdraws from the contract, he sends or transmits to Milani Cosmetics EU without undue delay and no later than fourteen days after the withdrawal, all goods received from Milani Cosmetics EU, 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 EU 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 EU Credit.
The Buyer responds to Milani Cosmetics EU 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 EU 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 EU will return all received monetary funds, excluding the cost of delivery as special gift vouchers (Milani Cosmetics EU Credits), which can be used according to conditions of the Milani Cosmetics EU Credit service.
If the consumer withdraws from the contract, Milani Cosmetics EU is not required to return the received monetary funds before the consumer gives or proves that he sent the goods to Milani Cosmetics EU.
The consumer notes that if the goods were supplied as a gift, a gift contract between the Buyer and Milani Cosmetics EU 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 EU 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 does not report the defect of the goods on time, he will lose the right to withdraw from the contract.
Security and Protection of Information
Milani Cosmetics EU declares that all personal information is confidential, will be used only for the purposes of the execution of the contract and marketing events, and will not be otherwise published, disclosed to any third person etc. with an exception of the situation related to the distribution or payment relating to ordered goods (mentioning of the name and the delivery address). Milani Cosmetics EU proceeds so that the subject of the data will not suffer any infringement of his rights, especially human rights, and also shall ensure protection against unauthorized intervention into the private and personal life of subjects. Personal information that is provided voluntarily by the Buyer to Milani Cosmetics EU for the purposes of order fulfillment and marketing events are collected, processed and stored in accordance with the valid laws of the Czech Republic, in particular with the Act No. 101/2000 Coll., on the protection of personal data, as amended. The Buyer gives the consent to Milani Cosmetics EU for the collection and processing of personal data for the purpose of fulfilling the subject of closing sale contracts and for marketing events (esp. for sending of commercial communications, telemarketing, SMS), and this will be possible until a written statement of disagreement is sent to the address of Milani Cosmetics EU, Bohunická 81, 619 00 Brno, Czech Republic. A written statement can also be submitted in electronic form in this case, especially via the contact form on www.milanicosmetics.eu. The Buyer has the right to access his personal data and to correct them (through the stated contact form including the right to request explanation and removal of a defective condition and other legal rights to the data).
Orders via Milani Cosmetics EU’s online stores: 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:
Milani Cosmetics EU 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 EU accepts the following payment conditions:
The goods remain in the property of Milani Cosmetics EU 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 EU is not obligated to provide services and / or licenses.
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 EU 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 gives Milani Cosmetics EU the opportunity to prove that it is not a conflict with the provisions of the sale contract.
Warranty conditions for goods are governed by Milani Cosmetics EU’s complaints procedure. As a warranty list is usually used the proof of purchase (see Complaints Procedure).
These General Terms and Conditions, including its components are valid and effective from 1st January 2016