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General Terms and Conditions
General Terms and Conditions (GTC)
These are the General Terms and Conditions of Purchase Agreements concluded in the online shop www.glamourica-dolls.eu.
I. Introductory provisions
1) These General Terms and Conditions (hereinafter also referred to as "GTC") regulate, in accordance with the provisions of § 1751 of Act No. 89/2012 Coll., the Civil Code, the relations between the operator of the online store - RUR Visions s.r.o, IČ 23135484, with registered office at Bezručova 1601/84, Říčany, 251 01, Czech Republic, (hereinafter referred to as the "Seller"), the consumer (hereinafter referred to as the "Buyer"), in the event that the Buyer concludes a purchase contract with the Seller (hereinafter also referred to as the "Contract") through remote communication, in particular through the online store at www.glamourica.com (hereinafter also referred to as the "E-shop").
2) The rights and obligations under the Contract are governed by these GTC, unless expressly stated otherwise in the Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
3) A consumer is a person who enters into a Contract with the Seller outside the scope of his business activity (hereinafter referred to as: "Buyer").
4) Persons who acquire Goods for their own business activities, such as resale or rental (hereinafter also referred to as the "Buyer"), are responsible for all terms and conditions and arrangements with third parties if they differ from these GTC.
5) The Seller offers Goods from multiple "Suppliers" in its online shop and therefore the delivery terms of individual catalogue items may vary.
6) The Contract may be concluded in Czech, English or German and is governed by the laws of the Czech Republic. The Seller is not responsible for the accuracy of the translation into the Czech language. Each party declares that it has verified the accuracy and completeness of the translation to the extent reasonably possible. In the event of a dispute, the Czech language version of the GTC shall prevail.
7) This contract is governed by the law of the Czech Republic. The Parties shall make every effort to reach an amicable solution to any disputes arising in connection with this contract. The Parties further agree that the aforementioned disputes shall be finally decided by 3 (three) arbitrators appointed in accordance with the Rules of the Court of Arbitration of the Czech Chamber of Commerce and Agrarian Chamber of the Czech Republic in Prague. The arbitration shall be conducted in English or Czech and shall take place in Prague.
II. Conclusion of the Agreement
1) The conclusion of the Contract between the Seller and the Buyer shall occur a) by creating an order (proposal for conclusion of the Contract) (hereinafter also referred to as "Order"), which the Buyer, after selecting the goods and marking the selection of optional items, places in the basket in the E-shop, and after filling in his personal and other necessary data, submits the order form (by clicking on the "Submit Order" button). b) The Seller, by subsequent acceptance of the Order, completes the concluded Contract. The data provided in the Order shall be deemed correct by the Seller. The validity of the Order is subject to the completion of all mandatory data in the Order Form and the Buyer's confirmation that he/she has read these Terms and Conditions. In the event that the Buyer does not agree to have his relationship with the Seller governed by the T&C, he must place the Order with the Seller in a manner other than through the E-shop, as the Order (proposal for conclusion of the contract) through the E-shop cannot be made in any other way than with the acceptance of these T&C. Acceptance of the Order means the written confirmation of the Order by the Seller to the Buyer's email address. This concludes the Contract.
2) In the event that any of the requirements stated in the Order cannot be fulfilled by the Seller, the Seller will send an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller's email address.
3) When creating an Order, the Buyer is entitled to add the basic catalogue design of the Goods, by marking optional items and modifications to the Goods according to the options and conditions specified in the e-shop configurator for the specific Goods. The Buyer may request other modifications during the creation of the Order through a note at the end of the configurator form or by creating an order outside the e-shop. Once the Order has been submitted, the specification of the Goods can no longer be changed. In the event that it is possible, the Seller will comply with the Buyer's requests. If the change requested by the Buyer is not possible, the Buyer will be notified by email. In the event of ordering any changes to the Goods listed in the E-shop catalogue, by marking optional items and modifications, the Goods will be custom-made and according to the Buyer's wishes and needs within the meaning of Section 1837 (d) of Act No. 89/2012 Coll., Civil Code. In this case, the Buyer understands that he has no right to withdraw from the contract within the meaning of Section 1829 of Act No. 89/2012 Coll., Civil Code.
4)In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.
5) The Seller is obliged to notify the Buyer without undue delay that his Order has been received and, if applicable, to indicate any discrepancies and reservations. If the Seller has no objections to the contents of the Order, he shall send the Buyer a confirmation of the Order. This shall be deemed to be acceptance of the Order. The Order becomes binding for the Seller only at the moment of payment of the purchase price. If the Buyer does not use the payment gateway of the e-shop, but chooses to pay on account, the Seller will issue an advance invoice together with the Order confirmation. All orders accepted by the Seller are binding. The Buyer may cancel the Order until the Buyer receives the Seller's confirmation of the Order. The Buyer may cancel an Order by calling the telephone number or email of the Seller set out in these Terms and Conditions. After this period, the Order may only be cancelled by written agreement with the Seller.
6) The Seller is not obliged to accept the Order (proposal for conclusion of the contract). The provisions of § 1732 (2) shall not apply to the relations governed by these GTC.
7) The Buyer agrees to the use of remote means of communication for the conclusion of the Contract. Costs incurred by the Buyer in using such means in connection with the conclusion of the Contract shall be borne by the Buyer.
8) Before confirming the Order from the E-shop, the Seller has the possibility to check and change the data entered by the Buyer in the order, including with regard to the possibility of detecting and correcting errors arising from data entry or due to incorrect configuration of the configurator, including changes to the goods entered in the basket. The Seller must inform the Buyer of the changes made. If the purchase price has already been paid and an additional item is removed (for example, due to incompatibility with another optional item), the Seller shall refund the difference in the purchase price to the Buyer's bank account. If the Buyer does not agree with the modified Order, the Buyer has the right to withdraw from the Contract and receive a refund of the purchase price paid, provided that the Buyer informs the Seller of its withdrawal within 24 hours of receiving the notification of the modification.
9) If the selected brand allows it (Valid Note for products of the selected brand in the online store catalogue), the Seller will send the Buyer factory photographs of the Customized Goods after the completion of production and before packaging and shipping. Usually, the Customer has 24 or 48 days to communicate any objections to the customization of the Goods. If it does not assert its reservations within the applicable time period, the Goods shall be deemed to meet the parameters of the Order.
III. Information about the Goods and prices
1) Information about the Goods, including the prices of the individual Goods, their basic design and optional additional modifications, is provided for each item in the online shop catalogue. The prices of the Goods are inclusive of value added tax, all related fees and the cost of returning the Goods if the Goods are inherently returnable but cannot be returned by normal postal means. The prices of the Goods shall remain in force for as long as they are displayed in the Online Shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
2) Shipping is included in the price of the Goods only if the Goods are delivered by the mode of transport normally used by the Supplier of the Goods and the place of delivery is within the European Union. Information on the possible shipping methods and shipping prices are published in the online shop.
3) Any discounts on the purchase price of the Goods cannot be combined with each other unless the Seller and the Buyer agree otherwise.
IV. Payment terms and delivery of the Goods
1) The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract in the following ways:
(a) by wire transfer to the Seller's bank account, which will be specified in the Order Confirmation and the Advance Invoice.
b) by cashless payment card
c) by wire transfer to the Seller's account via PayPal
2) Unless the purchase price is expressly stated with Free Shipping, the Buyer shall pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
3) In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
4) In the case of payment through a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider.
5) The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.
6) The Buyer shall take delivery of the Goods at the place designated as the place of delivery in the Order, on the date specified by the Seller, unless otherwise agreed. In the event of non-acceptance of the goods, the Buyer shall bear the costs of unsuccessful delivery. The choice of the delivery method is made during the creation of the Goods Order.
7) The cost of delivery of the Goods depending on the method of shipment and receipt of the Goods is specified in the Buyer's Order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of delivery.
8) If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery. If the Seller fails to deliver the Goods even repeatedly and the Buyer does not respond to the invitation to collect the Goods for 30 days from the date of the first attempted delivery, the Seller shall have the Goods delivered to its warehouse and shall inform the Buyer of the storage location by e-mail. The Buyer may collect the Goods from the Seller's warehouse at his own expense within 30 days of delivery to the warehouse, provided that he has first paid the costs incurred for the unsuccessful delivery and transportation to the Seller's warehouse and the storage fee. If the Goods are not collected from the warehouse within this period, the Goods shall be forfeited to the Seller, who shall pay the costs of unsuccessful delivery and other costs incurred. The Buyer shall have no claim for a refund of the Purchase Price or any part thereof.
9) Upon receipt of the Goods, the Buyer shall inspect the integrity of the packaging, the condition and quantity of the Goods and in case of defects, shall notify the Seller immediately and with photographic or video documentation showing the defects in the packaging and the Goods or any variations in the design or quantity of the Goods. In the event of visible damage to the packaging, the Buyer is obliged to document the condition of the packaging with photographs or video and make a record signed by the carrier (driver, courier) immediately upon receipt of the shipment. Damage to the packaging must always be claimed from the carrier. The Buyer is also entitled, due to the nature of the Goods, not to accept the Goods from the carrier if it is obvious that the Goods inside are damaged or if there is a reasonable fear that someone may have removed the Goods from the packaging or otherwise tampered with them. If the Goods have been tampered with by a Customs inspection, there must be a record of this and the Buyer is entitled to require this from the carrier. Subsequent representations made in contravention of this paragraph shall not be deemed justified. However, failure to accept shall not be deemed to be a repudiation of the contract of sale.
10) The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.
11) The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking delivery of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.
12) Shipping and packing costs are payable at the same time as the purchase price of the ordered goods.
13) If agreed during the confirmation of the Order, the goods can also be taken over in person at the Bezručova 1601/84, Říčany, 251 01, Czech Republic or at the regional depot of the carrier FedEX or UPS. The Seller does not verify or arrange the possibility of picking up the goods at the carrier's depot on behalf of the Buyer. The Buyer shall verify and arrange this possibility himself and ask the Seller to deliver the goods to a specific address.
V. Withdrawal from the Contract
1) The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the Contract in cases where the subject matter of the Contract is:
a) delivery of goods that have been customized "to order" or for the Buyer,
b) the delivery of erotic goods which are specific in nature and cannot be returned for hygienic reasons
c) the delivery of Goods in closed packaging, which the Buyer has removed from the packaging and cannot be returned for hygienic reasons.
d) in other cases referred to in Section 1837 of the Civil Code.
2) If the Goods are not covered by the provisions of paragraph 1) of this Article, the Buyer is entitled to withdraw from the Contract within 14 days. The time limit starts from the date of conclusion of the Contract and if it concerns:
(a) a contract of sale, from the date of receipt of the Goods,
(b) a contract involving several types of goods or the supply of several parts, from the date of receipt of the last delivery of the goods; or
(c) a contract having as its object a regular recurring delivery of goods, from the date of acceptance of the first delivery of goods.
3) The Buyer is obliged to send the withdrawal from the Contract according to paragraph V.2) of this Article to the Seller by post to the address of the registered office or by e-mail to info@glamourica.com.
4) The Seller is obliged to immediately confirm the Buyer's acceptance of the withdrawal from the Contract.
5) In case of withdrawal from the Contract according to paragraph V.2) of these GTC, the Buyer is obliged to return the undamaged and unpacked Goods to the Seller in the original packaging (due to the type and nature of the Goods) within 14 days from the date of withdrawal. The Buyer shall bear the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route.
6) No later than 14 days from the date of withdrawal from the Contract, the Seller shall return to the Buyer all monies, including delivery costs, received from the Buyer under the Contract in the same manner.
7) If the Buyer has chosen other than the cheapest method of delivery of the goods, the Seller shall reimburse the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
8) If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer has handed over or delivered the goods to the Seller.
9) Within the framework of withdrawal from the contract, the Buyer shall be liable for the reduction in the value of the Goods resulting from improper handling of the Goods with regard to their nature and characteristics or for providing false information within the framework of withdrawal from the contract (for example, concealment of the actual reason for damage to the Goods such as exposure to high temperature, humidity, unpacking of the Goods from the original inner packaging or use of the Goods, damage during transport to the Seller, etc.). The Seller shall decide exclusively on the extent of the depreciation of the Goods after taking delivery of the returned Goods and ascertaining their condition.
10) The Seller shall be entitled to unilaterally set off the claim for payment of damages resulting from the reduction in value of the Goods in the context of withdrawal from the contract against the Buyer's claim for reimbursement of the purchase price.
11) The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the Goods. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.
12) The Seller shall be entitled to withdraw from the Purchase Contract due to unexpected unavailability of the goods at the Supplier or unexpected termination of cooperation between the Seller and the respective Supplier. The Seller shall inform the Buyer of this situation to the email address specified in the Order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of the notice of withdrawal from the Purchase Contract in the same manner, or in a manner agreed with the Buyer, as the case may be.
VI. TIME OF DELIVERY AND FORCE MAJEURE
1) The usual delivery time of the Goods "to order" is indicated in the catalogue of the Goods in the e-shop, according to the brand, design, optional modifications and method of transport. The maximum delivery time depends on the level of configurations and may be longer in some cases (the Buyer will obtain the specification of the maximum delivery time upon request according to the specific order specification).
2) The delivery time may be affected by events of force majeure, state of war, terrorist or other incident, trade blockade, strikes, quarantine, etc., especially in the country of origin or on the shipping route. The Seller shall not be liable for any such delay.
3) The Buyer shall be entitled to withdraw from the Contract on the grounds of delay in delivery if the delay is more than 90 days after the normal delivery time.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1) The rights and obligations of the parties with regard to rights of defective performance under the Contract shall be governed by the law of the Czech Republic, in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll.
2) The Seller shall be liable to the Buyer for the fact that the goods are free from defects upon receipt, in particular that:
(a) The goods have the characteristics agreed between the parties and, in the absence of an agreement, they have the characteristics described by the Seller or the manufacturer or which the Buyer could reasonably expect with regard to the nature of the goods and on the basis of the information provided in the catalogue of the online store carried out by them,
b) the Goods are fit for the purpose for which the Seller states they are to be used or for which Goods of that kind are usually used,
c) the Goods correspond in quality or workmanship to the agreed specimen on which the Order is based. The Buyer acknowledges that the presentation of the Goods - a model, provided to the Seller by the manufacturer, usually depicts the appearance of the Goods with maximum quality of makeup and styling and the real appearance of the Goods may be less attractive.
(d) the Goods are in adequate quantity, measurements and weight within normal tolerances.
e) The Goods comply with the requirements of the law.
3) The provisions referred to in paragraph 2 of this Article shall not apply to Goods sold at a lower price because of a defect for which the lower price was agreed, which the Goods had when accepted by the Buyer, or if this results from the nature of the Goods.
4) If a defect becomes apparent within one 6 months of receipt, the Goods shall be deemed to have been defective on receipt. The Buyer shall be entitled to exercise the right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.
5) If a defect occurs, the Buyer may submit a claim to the Seller and demand:
(a) replacement with new goods,
b) repair of the goods,
c) a reasonable discount on the purchase price,
d) withdraw from the contract.
6) The buyer has the right to withdraw from the contract,
a) if the goods have a material defect,
b) if he cannot use the goods properly because of the recurrence of the defect or defects after repair,
c) in the event of multiple defects in the goods.
7) The Buyer shall assert the rights from defective performance with the Seller according to the terms and conditions set out in the Seller's Complaints Procedure, which forms Annex 2 to these GTC.
VII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1) The Buyer acquires ownership of the Goods upon payment of the full purchase price and acceptance of the Goods.
2) The Seller shall be bound to the Buyer by the Code of Conduct within the meaning of Section 1826(1)(e) of the Civil Code, namely the obligation of confidentiality, discretion and respect for the rights of sexual and ethnic minorities.
3) The Seller shall handle the Buyer's complaints at the e-mail address info@glamourica.com. If no agreement is reached between the Buyer and the Seller, the Czech Trade Inspection Authority, the European Consumer Centre Czech Republic or the competent courts of the Czech Republic are competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
5) The Seller is entitled to sell goods on the basis of a trade licence.
6) The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
7) By sending the Order, the Buyer agrees to the GTC and declares that all statements made in the Order are true.
8) The Buyer will receive a copy of the GTC as an attachment to the Order confirmation at the email address provided by the Buyer. The Seller may change or amend the wording of the GTC at any time, without prejudice to the rights and obligations arising prior to such change or amendment.
VIII. PROTECTION OF PERSONAL DATA
1) The Buyer agrees to the processing of the following personal data: name and surname, home address, e-mail address, telephone number and, in the case of legal entities, identification number, tax identification number, (hereinafter collectively referred to as "personal data"). Further conditions for the collection and protection of personal data are available in the GDPR reference.
IX. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
1) As part of the registration of a customer account in the online store, the Buyer has the option to consent to the sending of information related to goods, services or commercial communications of the Seller to the Buyer's electronic address. The Buyer may revoke this consent at any time in the future without cancelling the customer account.
2) The Buyer in the online shop is asked by the application to consent to the storage of cookies on his computer. In the event that the purchase in the online shop can be made and the Seller's obligations under the Contract can be fulfilled without cookies being stored, the Buyer may withdraw the consent given under the previous sentence at any time.
X. SUBMISSION
1) The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or in the order.
XI. FINAL PROVISIONS
1) If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
2) The Purchase Contract including the GTC is archived by the Seller in electronic form and is not accessible.
3) All agreements between the Seller and the Buyer shall be governed by the law of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
4) The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
5) All rights to the Seller's website, in particular the copyrights to the content, logos, own photos and videos or photos and videos, graphic elements, trademarks and logos for the use of which the Seller has been granted a license by the copyright owners (Suppliers of the Goods) , belong to the Seller. It is prohibited to copy, modify or otherwise use the Website or any part thereof without the consent of the Seller.
6) The Seller shall not be liable for any errors resulting from unlawful interference by third parties in the online shop.
7) The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
8) The Seller may change or supplement the wording of the Terms and Conditions. Rights and obligations arising before the time of the effective date of the change of the terms and conditions are not affected.
These General Terms and Conditions are valid and effective from 1.4.2025