Terms & Conditions
Here is the English translation:
Terms and Conditions
of the commercial company eDesign CZ, s.r.o., with registered office at Lorencova 5424, 760 01 Zlín, Company ID: 28309278, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 60308
for the sale of goods through an online store located at www.pourbeauty.cz and www.pourbeauty.eu
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter "Terms and Conditions") of the commercial company eDesign CZ, s.r.o., with registered office at Lorencova 5424, 760 01 Zlín, Company ID: 28309278, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 60308 (hereinafter "Seller"), govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter "Buyer") through the Seller's online store. The online store is operated by the Seller at www.pourbeauty.cz, www.pourbeauty.com and www.pourbeauty.eu, through a web interface (hereinafter "Store Web Interface").
1.2. The Terms and Conditions further govern the rights and obligations of the contracting parties when using the Seller's websites located at www.pourbeauty.cz, www.pourbeauty.com and www.pourbeauty.eu (hereinafter "Website") and other related legal relationships. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller acts in the course of their business activity when ordering goods.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.5. The Seller may amend or supplement the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may place orders for goods (hereinafter "User Account"). If the Store Web Interface allows it, the Buyer may also place orders without registration directly through the Store Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information in their User Account whenever it changes. Information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
2.3. 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 their User Account and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.
2.4. The Buyer is not authorized to allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, in particular if the Buyer has not used it for more than 1 year, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be continuously available, particularly due to necessary maintenance of the Seller's hardware and software, or necessary maintenance of third-party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The Store Web Interface contains a list of goods offered for sale by the Seller, including the prices of individual goods. The prices of offered goods are listed inclusive of value added tax and all related charges. The offer of goods for sale and the prices thereof remain valid for as long as they are displayed in the Store Web Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed terms. All offers of goods placed in the Store Web Interface are non-binding, and the Seller is not obliged to conclude a Purchase Contract for such goods.
3.2. The Store Web Interface also contains information about the costs associated with packaging and delivery of goods. Information about packaging and delivery costs stated in the Store Web Interface applies only when goods are delivered within the territory of the Czech Republic.
3.3. To place an order, the Buyer fills in the order form in the Store Web Interface. The order form contains, in particular, information about: the goods ordered (the Buyer "places" the ordered goods into the electronic shopping cart of the Store Web Interface), the method of payment of the purchase price, the required method of delivery of the ordered goods, and information about delivery costs (hereinafter collectively "Order").
3.4. Before submitting the Order to the Seller, the Buyer is able to review and change the data entered in the Order, including the ability to identify and correct errors made when entering data. The Buyer submits the Order to the Seller by clicking the "Confirm Order" button. The information provided in the Order is considered correct by the Seller. The Seller will promptly confirm receipt of the Order to the Buyer by email, to the Buyer's email address provided in the user interface or in the Order (hereinafter "Buyer's Email Address").
3.5. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to request additional confirmation of the Order from the Buyer (e.g. in writing or by telephone).
3.6. The contractual relationship between the Seller and the Buyer is established upon delivery of the Order acceptance, which is sent by the Seller to the Buyer by email to the Buyer's Email Address.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract, particularly with persons who have previously materially breached a Purchase Contract (including the Terms and Conditions).
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Any costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) are borne by the Buyer.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of goods and any delivery costs to the Seller in the following ways:
- In cash at the Seller's premises at Lorencova 5424, 760 01 Zlín;
- In cash on delivery at the location specified by the Buyer in the Order;
- By bank transfer to the Seller's account No. 224693846/0300, held at ČSOB, a.s. (hereinafter "Seller's Account");
- By electronic payment via PayPal or Moneybookers;
- By credit/debit card: VISA, VISA Electron, Mastercard, Maestro, AMEX, Discover.
4.2. In addition to the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the purchase price shall also include delivery costs.
4.3. In the case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 10 days of the conclusion of the Purchase Contract.
4.4. In the case of non-cash payment, the Buyer is obliged to pay the purchase price together with the relevant variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's Account.
4.5. The Seller is entitled, particularly if the Buyer fails to provide additional confirmation of the Order (Article 3.5.), to require full payment of the purchase price before dispatching the goods to the Buyer.
4.6. Any discounts on the price of goods provided by the Seller to the Buyer may not be combined with each other.
4.7. Where customary in commercial practice or required by generally applicable law, the Seller will issue the Buyer a tax document – invoice – for payments made under the Purchase Contract. The Seller is a VAT payer. The Seller will issue the invoice to the Buyer after payment of the purchase price and send it electronically to the Buyer's Email Address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, pursuant to Section 53(8) of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter "Civil Code"), withdrawal from a Purchase Contract is not possible, among other things, for the delivery of goods customized to the Buyer's specifications, goods subject to rapid deterioration, wear or obsolescence, for the delivery of audio and video recordings and computer programs if the consumer has broken their original seal, and for the delivery of newspapers, periodicals and magazines.
5.2. Unless the case falls under Article 5.1. or another case where withdrawal from the Purchase Contract is not permitted, the Buyer is entitled, in accordance with Section 53(7) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods. The withdrawal must be demonstrably delivered to the Seller within fourteen (14) days of receipt of the goods, either to the Seller's premises address or to the Seller's email address: eDesign CZ, s.r.o., Lorencova 5424, 760 01 Zlín or info@pourbeauty.com.
5.3. In the event of withdrawal from the contract under Article 5.2., the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within 4 business days of sending the withdrawal notice. If the Buyer breaches this obligation, the Seller is entitled to a contractual penalty of CZK 100 (one hundred Czech crowns) per day of delay, up to a maximum of the purchase price of the goods. This provision does not affect the right to compensation for any damage caused by the breach of the obligation to which the contractual penalty applies, even where the damage exceeds the contractual penalty. The goods must be returned to the Seller undamaged and unworn and, where possible, in their original packaging.
5.4. Within ten (10) days of the return of the goods by the Buyer under Article 5.3., the Seller is entitled to inspect the returned goods, in particular to determine whether they are damaged, worn or partially consumed.
5.5. In the event of withdrawal from the contract under Article 5.2., the Seller will refund the purchase price (excluding delivery costs and payment processing costs) to the Buyer no later than ten (10) days after the end of the inspection period under Article 5.4., by bank transfer to an account specified by the Buyer. The Seller is also entitled to refund the purchase price in cash at the time the Buyer returns the goods.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to claim compensation for any resulting damage. The Seller is entitled to unilaterally set off the claim for compensation against the Buyer's claim for a refund of the purchase price. Similarly, the Seller is entitled to unilaterally set off the contractual penalty claim under Article 5.3. against the Buyer's claim for a refund of the purchase price.
6. SHIPPING AND DELIVERY OF GOODS
6.1. The method of delivery is determined by the Seller, unless otherwise agreed in the Purchase Contract. If a delivery method is agreed at the Buyer's request, the Buyer bears the risk and any additional costs associated with that delivery method.
6.2. If the Seller is obliged under the Purchase Contract to deliver goods to a location specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery. If the Buyer fails to accept the goods upon delivery, the Seller is entitled to charge a postage and packaging fee of CZK 120 and a storage fee of CZK 500 (five hundred Czech crowns), and is further entitled to withdraw from the Purchase Contract.
6.3. If, due to reasons on the Buyer's side, the goods need to be delivered repeatedly or by a different method than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or with the alternative delivery method.
6.4. Upon receipt of goods from the carrier, the Buyer is obliged to check the integrity of the packaging and to report any defects to the carrier immediately. If the packaging shows signs of unauthorized tampering, the Buyer may refuse to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the shipment met all conditions and requirements, and any subsequent complaints regarding damaged packaging cannot be taken into account.
6.5. Further rights and obligations of the parties regarding the transport of goods may be governed by the Seller's delivery terms.
7. LIABILITY FOR DEFECTS AND WARRANTY
7.1. The rights and obligations of the contracting parties regarding the Seller's liability for defects, including warranty liability, are governed by the relevant generally applicable regulations (in particular Section 2165 et seq. of the Civil Code).
7.2. The Seller is responsible to the Buyer for ensuring that the goods sold conform to the Purchase Contract, in particular that they are free of defects. Conformity with the Purchase Contract means that the goods have the quality and functional properties required by the contract, described by the Seller, manufacturer or their representative, or expected based on their advertising, or the quality and functional properties typical for goods of that type, that they comply with legal requirements, are supplied in the appropriate quantity, measure or weight, and are fit for the purpose stated by the Seller or for which goods of that type are ordinarily used.
7.3. If the goods do not conform to the Purchase Contract at the time of receipt by the Buyer (hereinafter "non-conformity with the Purchase Contract"), the Buyer is entitled to require the Seller to restore the goods to a condition conforming to the Purchase Contract, free of charge and without undue delay, either by replacement or repair, at the Buyer's choice. If this is not possible, the Buyer may request a reasonable reduction in price or withdraw from the contract. This does not apply if the Buyer was aware of the non-conformity before receiving the goods or caused it themselves. Non-conformity that becomes apparent within six (6) months of receipt shall be deemed to have existed at the time of receipt, unless this is inconsistent with the nature of the goods or the contrary is proven.
7.4. Except for perishable goods or used goods, the Seller is liable for defects that manifest as non-conformity with the Purchase Contract after receipt of the goods during the warranty period (warranty).
7.5. The Buyer exercises their rights arising from the Seller's liability for defects, including warranty liability, at the Seller's premises at Lorencova 5424, 760 01 Zlín.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.
8.2. The Buyer acknowledges that the software and other components forming the Store Web Interface (including photographs of offered goods) are protected by copyright. The Buyer undertakes not to engage in any activity that could allow them or third parties to unlawfully interfere with or use the software or other components forming the Store Web Interface.
8.3. The Buyer is not authorized to use mechanisms, software or other procedures when using the Store Web Interface that could negatively affect its operation. The Store Web Interface may only be used to an extent that does not harm the rights of the Seller's other customers and is consistent with its intended purpose.
8.4. 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.
8.5. The Buyer acknowledges that the Seller is not liable for errors caused by third-party interference with the Website or by use of the Website contrary to its intended purpose.
9. PERSONAL DATA PROTECTION AND COMMERCIAL COMMUNICATIONS
9.1. The protection of personal data of the Buyer, as a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
9.2. The Buyer consents to the processing of the following personal data: name and surname, residential address, company ID number, tax identification number, email address, telephone number (hereinafter collectively "Personal Data").
9.3. The Buyer consents to the processing of Personal Data by the Seller for the purposes of fulfilling the rights and obligations under the Purchase Contract and for the purposes of sending information and commercial communications to the Seller.
9.4. The Buyer acknowledges that they are obliged to provide their Personal Data (during registration, in their User Account, and when placing an order through the Store Web Interface) correctly and truthfully, and that they are obliged to inform the Seller without undue delay of any changes to their Personal Data.
9.5. The Seller may appoint a third party as a data processor to process the Buyer's Personal Data. Apart from persons delivering goods, Personal Data will not be disclosed to third parties without the Buyer's prior consent.
9.6. Personal Data will be processed for an indefinite period. Personal Data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the Personal Data provided is accurate and that they have been informed that providing Personal Data is voluntary. The Buyer declares that they have been informed that consent to the processing of Personal Data may be withdrawn by written notice delivered to the Seller's address.
9.8. If the Buyer believes that the Seller or the processor (Article 8.5.) is processing their Personal Data in a manner contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the Personal Data is inaccurate in relation to the purpose of its processing, the Buyer may:
- Request an explanation from the Seller or the processor,
- Require the Seller or the processor to remedy the situation. This may include blocking, correcting, supplementing or destroying the Personal Data. If the Buyer's request is found to be justified, the Seller or the processor will remedy the situation without delay. If the Seller or the processor fails to comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer's right to contact the Office for Personal Data Protection directly with their complaint.
9.9. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide such information. The Seller is entitled to charge a reasonable fee not exceeding the costs necessary to provide the information.
9.10. The Buyer consents to receiving information related to the Seller's goods, services or business to the Buyer's Email Address, and also consents to receiving commercial communications from the Seller to the Buyer's Email Address.
10. DELIVERY
10.1. Unless otherwise agreed, all correspondence related to the Purchase Contract must be delivered to the other contracting party in writing, either by email, in person, or by registered mail through a postal service provider (at the sender's choice). Correspondence to the Buyer is sent to the email address provided in their User Account.
10.2. A message is deemed delivered:
- In the case of email delivery: at the moment it is received by the incoming mail server; the integrity of messages sent by email may be ensured by a certificate,
- In the case of personal delivery or delivery via a postal service provider: upon receipt of the shipment by the addressee,
- In the case of personal delivery or delivery via a postal service provider: also upon refusal to accept the shipment, if the addressee (or a person authorized to receive it on their behalf) refuses to accept it,
- In the case of delivery via a postal service provider: upon expiry of ten (10) days from the deposit of the shipment and notification to the addressee to collect it, if the shipment is deposited with the postal service provider, even if the addressee was unaware of the deposit.
11. FINAL PROVISIONS
11.1. If a relationship connected with the use of the Website or a legal relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally applicable legal regulations.
11.2. The Seller is authorized to sell goods on the basis of a trade license, and the Seller's activities are not subject to any other authorization. Trade inspections are carried out by the relevant trade licensing authority within its jurisdiction.
11.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Any amendments to the Purchase Contract or the Terms and Conditions must be made in writing.
11.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible.
11.5. Seller's contact details:
- Mailing address: eDesign CZ, s.r.o., Lorencova 5424, 760 01 Zlín
- Email address: info@pourbeauty.com
- Phone: +420 604 231 783
In Zlín, 1 March 2026