GENERAL TERMS AND CONDITIONS (for Consumers)

  1. INTRODUCTORY PROVISIONS
    1. These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions“) of the business company SYN2 s.r.o., with its registered office at Národní 60/28, Nové Město, 110 00 Praha 1, ID No.: 22378154, registered in the Commercial Register maintained by the Municipal Court in Prague, under file No.: C 415649 (hereinafter referred to as the “Seller“), govern the mutual rights and obligations arising in connection with the purchase agreement concluded between the Seller and a natural person – a consumer (hereinafter referred to as the “Buyer“) according to § 419 of the Act. No. 89/2012 Coll, the Civil Code, as amended (hereinafter referred to as the “Civil Code“) through the Seller’s online store operated at the website address [•] (hereinafter referred to as the “Website “).
    2. The Seller specializes in the sale of cosmetic products and related assortment. All goods and services within the Website are offered and sold under the registered trademark CONBINED.
    3. All provisions of these Terms and Conditions are part of the Agreement between Seller and Buyer, based on the Buyer’s expressed will, who has agreed to them, in particular by clicking the box “I have read and accept the General Terms and Conditions in their current version.”.
  3. PRE-CONTRACTUAL DISCLOSURES (Distance Selling)
    1. In accordance with Section 1820 of the Civil Code, the Seller provides the Buyer with the following information prior to the conclusion of the agreement:
      1. Communication Costs. Costs for the use of means of distance communication (internet connection, telephone calls) for placing an order shall be borne by the Buyer; these costs do not deviate from the basic rate of the Buyer’s telecommunications operator or internet service provider.
      2. Advance Payments. The Seller does not require any advance payment or other similar deposit, unless explicitly stated otherwise for specific goods (e.g., custom-made goods) or if the Buyer voluntarily chooses a pre-payment method.
      3. Duration of Commitment. The Purchase Agreement does not constitute a contract for repeated performance or a contract of indefinite duration; the subject of the agreement is a one-time delivery of goods.
      4. Digital Content. Should digital content be part of the sale, the Seller confirms it is compatible with standard hardware and software; however, the Seller primarily sells tangible goods (cosmetics).
      5. Binding Nature and Information. By submitting the order, the Buyer confirms that they have reviewed these T&Cs and the Complaints Procedure and that they have been provided with all mandatory information, including the right of withdrawal and the model withdrawal form.
      6. Codes of Conduct. The Seller is not bound by any voluntary codes of conduct within the meaning of Section 1820 (1) (n) of the Civil Code.
      7. Order Confirmation. By clicking the final order button, the Buyer acknowledges that the order entails an obligation to pay.
  4. PRODUCT INFORMATION AND PRICES
    1. Product Characteristics. The main characteristics of the goods (in particular the ingredients – INCI, volume, and intended use) are specified for each individual item in the e-shop catalogue. The Buyer is obliged to review this information before submitting an order.
    2. Illustrative Nature. Due to the nature of cosmetic products, the Buyer acknowledges that product photographs are for illustrative purposes only. The final colour shade or packaging design may slightly vary depending on the manufacturer’s batch, the natural character of certain ingredients, or as a result of the colour and brightness settings of the Buyer’s monitor.
    3. Availability. All presentations of goods are for informational purposes only, and the Seller is not obliged to enter into a Purchase Agreement regarding such goods. Stock availability information is updated regularly; however, stock may become depleted in the interval between the submission of an order and its confirmation, in which case the Buyer will be informed without delay. 
  5. User Account
    1. Registration. Based on the Buyer’s registration on the website, the Buyer can access their user interface (hereinafter the “User Account“). The Buyer can order goods through their User Account. The Buyer may also order goods without registration directly from the web interface.
    2. Accuracy of Data. When registering and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update the information in the User Account upon any change. The information provided by the Buyer is deemed correct by the Seller.
    3. Security. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the User Account and acknowledges that the Seller bears no responsibility for any breach of this obligation by the Buyer.
    4. Prohibition of Sharing. The Buyer is not entitled to allow third parties to use their User Account.
    5. Cancellation of Account. The Seller may cancel the User Account, particularly if the Buyer has not used the account for more than [2 YEARS], or if the Buyer breaches their obligations under the Purchase Agreement or these Terms and Conditions.
    6. Maintenance. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller’s or third parties’ hardware and software equipment.
  6. CONCLUSION OF THE PURCHASE AGREEMENT
    1. Product Display. Any presentation of goods placed in the Website interface of the store is for informative purposes only, and the Seller is not obliged to enter into a Purchase Agreement regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.
    2. Order (Offer). The Buyer shall place an order via the order form in the e-shop. By submitting the order, the Buyer submits a binding offer to enter into a Purchase Agreement to the Seller.
    3. Confirmation of Receipt. The Seller shall confirm the receipt of the order to the Buyer via electronic mail to the address provided in the order without undue delay. This confirmation is informative only and does not constitute an acceptance of the offer to enter into an agreement (it does not represent the conclusion of the Purchase Agreement).
    4. Formation of the Agreement (Acceptance). The Purchase Agreement between the Seller and the Buyer is concluded only at the moment of delivery of the express acceptance of the order from the Seller to the Buyer. Such acceptance shall be deemed an e-mail message from the Seller explicitly labelled as “Order Confirmation,” “Acceptance of Order,” or a notification stating that the goods have been dispatched.
    5. Right of Refusal. The Seller reserves the right not to confirm the order (not to accept the offer to enter into an agreement), particularly in the event of an obvious error in the price of the goods, unavailability of the goods, or in the event that the Buyer has previously materially breached a Purchase Agreement.
  7. PRICE OF GOODS AND PAYMENT TERMS
    1. Price of Goods. All prices of goods in the Website are listed as final, including Value Added Tax (VAT) and all mandatory statutory fees (e.g., recycling fees). Prices remain valid for as long as they are displayed in the web interface of the store. This provision does not restrict the Seller’s ability to enter into a Purchase Agreement under individually negotiated terms.
    2. Delivery Costs. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall further include the costs associated with the delivery of the goods.
    3. Obvious Error in Price. In the event of an obvious technical error regarding the price of the goods in the e-shop, the Seller is not obliged to deliver the goods to the Buyer at such an obviously erroneous price, even if an automatic confirmation of receipt of the order was sent to the Buyer. In such a case, the Seller shall inform the Buyer of the error without undue delay and send a revised offer with the current price to the Buyer’s e-mail address. The revised offer shall be considered a new draft of the Purchase Agreement, and the agreement shall be concluded only upon acceptance by the Buyer.
    4. Payment Methods. The Buyer may pay the purchase price and any costs associated with the delivery of the goods to the Seller via the following methods:
      1. In cash on delivery (COD) at the place designated by the Buyer in the order
      2. Via wire transfer to the Seller’s account No. [•] (hereinafter the “Seller’s Account”);
      3. Via the Stripe & Paypal online payment system;
      4. Via credit/debit card.
    5. Maturity. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of wire transfer, the purchase price is payable within [7] days from the conclusion of the Purchase Agreement. In the case of wire transfer, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller’s Account.
  8. DELIVERY OF GOODS AND SHIPPING
    1. Methods of Delivery. The costs of delivery, depending on the chosen method of shipping and collection, are specified in the Buyer’s order and the Seller’s order confirmation. The Seller enables, in particular, the following methods of delivery:
      1. Via a postal service provider;
      2. Via a courier delivery service (e.g., PPL, DPD, GLS);
      3. Delivery to a designated collection point (e.g., Zásilkovna, Balíkovna);
      4. Personal collection at the Seller’s premises.
    2. Obligation to Cooperate. The Buyer is obliged to take delivery of the goods at the place and time specified in the order. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or by a method other than originally specified, the Buyer is obliged to pay the costs associated with repeated delivery or costs associated with an alternative delivery method.
    3. Failure to Take Delivery. In the event that the Buyer fails to take delivery of the goods without justification, the Seller is entitled to reimbursement of costs associated with the delivery and storage of the goods, as well as other costs incurred due to the failure to take delivery. Failure to take delivery shall not be deemed a withdrawal from the agreement unless the Buyer explicitly states otherwise.
    4. Inspection upon Receipt. Upon taking delivery of the goods from the carrier, the Buyer is strongly advised to check the integrity of the packaging and immediately notify the carrier of any defects. In the event of damaged packaging indicating unauthorized tampering with the shipment, the Buyer is not obliged to accept the shipment from the carrier. This does not affect the Buyer’s right to claim defects (warranty claims).
    5. Delivery Period. Unless stated otherwise for specific goods, the Seller usually dispatches the goods within [2] business days from the conclusion of the agreement or from the receipt of payment in the case of wire transfer. The shipment containing the Goods also includes a tax document (invoice), except in cases where the Customer receives an electronic invoice via email.  
  9. WITHDRAWAL FROM THE AGREEMENT BY THE BUYER
    1. Right of Withdrawal. A Buyer has the right to withdraw from the Purchase Agreement without giving any reason within 14 days. The period begins from the date of receipt of the goods by the Buyer.
    2. Statutory Exceptions. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from agreements regarding:
      1. Goods customized to the Buyer’s wishes or for their person;
      2. Perishable goods;
      3. Goods in a sealed package that are not suitable for return for health protection or hygiene reasons, provided that the Buyer has broken the seal (e.g., opened face creams, serums, lipsticks, and other cosmetic products).
    3. Withdrawal Procedure. To exercise the right of withdrawal, the Buyer must inform the Seller of their decision by a unilateral legal act (e.g., by letter or e-mail to info@conbinedcom). The Buyer may use the model withdrawal form attached to these Terms and Conditions.
    4. Deadline for Returning Goods. Upon withdrawal, the Buyer shall send the goods back to the Seller without undue delay, no later than 14 days from the withdrawal. The costs associated with the return of the goods shall be borne entirely by the Buyer.
    5. Refund. The Seller shall return all funds received from the Buyer, including delivery costs (equivalent to the cheapest delivery method offered), within 14 days of withdrawal, using the same payment method. The Seller is not obliged to refund the funds until the Buyer hands over the goods or proves they have been sent.
    6. Diminished Value of Goods. The Buyer is liable for any diminished value of the goods resulting from handling the goods in a manner other than what is necessary to establish the nature, characteristics, and functioning of the goods.
  10. RIGHTS FROM DEFECTIVE PERFORMANCE
    1. Seller’s Liability. The Seller is liable to the Buyer that the goods are free from defects upon receipt. The Seller specifically warrants that the goods match the agreed description, quality, and are fit for their intended purpose.
    2. Statutory Period and Shelf Life. The Buyer may exercise the right to claim a defect within 24 months of receipt. However, if a minimum durability date (e.g., “Best before”) is indicated on the goods or their packaging, the Seller’s liability is limited to the expiration of such period.
    3. Definition of Defects vs. Subjective Experience. A defect is an objective discrepancy with the declared properties. The following shall not be considered a defect:
      1. Subjective dissatisfaction with the product’s effectiveness (e.g., the feeling that the cream “did not work”);
      2. Subjective perception of scent or color shade;
      3. Allergic or adverse reactions, provided that the ingredients were properly disclosed and the product is not inherently hazardous.
    4. Burden of Proof. If a defect manifests within one (1) year, it is presumed it existed upon receipt, unless the nature of the goods (e.g., short-term cosmetics) or the defect (e.g., contamination after opening) precludes this.
    5. Remedies. The Buyer may request the remedy of the defect (replacement or repair). If the remedy is impossible, the Buyer may request a reasonable discount or withdraw from the agreement.
    6. Filing a Claim. Claims shall be filed at www.conbined.com or via e-mail at info@conbined.com. The Seller must settle the claim within 30 days.
  11. OUT-OF-COURT DISPUTE RESOLUTION
    1. ADR Entity. In the event of a consumer dispute arising from the Purchase Agreement between the Seller and the Buyer (Consumer) that cannot be resolved by mutual agreement, the Consumer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for alternative dispute resolution:

Czech Trade Inspection Authority (Česká obchodní inspekce)

Central Inspectorate – ADR Department

Štěpánská 44, 110 00 Prague 1, Czech Republic

Email: adr@coi.cz

Web: www.adr.coi.cz

  1. Online Platform. The Consumer may also use the online dispute resolution platform established by the European Commission at: http://ec.europa.eu/consumers/odr/. This platform is primarily intended for resolving disputes in cross-border transactions.
  2. European Consumer Centre. The European Consumer Centre Czech Republic, located at Štěpánská 44, 110 00 Prague 1, web: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes. 
  3. FINAL PROVOSIONS
    1. Governing Law. All legal relationships arising out of or in connection with the Purchase Agreement shall be governed by the laws of the Czech Republic. This does not affect the consumer rights resulting from generally binding legal regulations of other countries that provide a higher level of protection than Czech law.
    2. Language Version. These Terms and Conditions are drawn up in Czech and English. In the event of any conflict between the language versions, the Czech version shall prevail.
    3. Severability. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it 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 remaining provisions.
    4. Amendments. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous version of the T&Cs.
    5. Archiving. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to third parties.
    6. Effectiveness. These Terms and Conditions shall enter into force on [•].

Annex: Model Withdrawal Form

Model Withdrawal Form according to the § 1829 od the Civil Code.

(complete and return this form only if you wish to withdraw from the contract)

To (Seller):

  • Trade Name: SYN2 s.r.o.
  • Registered Office: Národní 60/28, Nové Město, 110 00 Praha 1
  • E-mail address: info@conbined.com

I hereby give notice that I withdraw from my contract for the purchase of these goods:

  • Description of goods: ……………………………………………………
  • Date of order: ……………………. / Date of receipt: …………………….
  • Order / Invoice number: ……………………………………………………

Consumer Information:

  • Name and surname: ……………………………………………………
  • Address of consumer: ……………………………………………………
  • Method for refund (Bank account number): ……………………………………………………

Notice for Cosmetic Products: I acknowledge that pursuant to Section 1837 (g) of the Civil Code, it is not possible to withdraw from a contract for the delivery of goods in a sealed package which are not suitable for return due to health protection or hygiene reasons if they were unsealed after delivery (e.g., opened creams, serums, etc.).

Date: ……………………. Signature of consumer: …………………………………………………… (only if this form is notified on paper)