TERMS AND CONDITIONS

of the company Aestheticpro s.r.o. with registered seat at Lidická 1889/9, company ID: 050 86 159 registered in the commercial register maintained by the regional court in Brno, section C, insert 93521, of sale of goods through the online store available at https://www.aestheticpro.com.

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions“) of the company Aestheticpro s.r.o. with registered seat at Lidická 1889/9 79601 Prostějov, Company ID: 05086159, registered in the commercial register maintained by the regional court in Brno, section C, insert 93521 (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751 para. 1 of the Act No. 89/2012 Coll., the civil code (hereinafter referred to as the “Civil Code”), govern the mutual rights and obligations of the parties arising from or based on the purchase agreement (hereinafter referred to as the “Purchase Agreement”), made between the Seller and a natural person (hereinafter referred to as the “Buyer”) through the online store of the Seller. The online store is operated by the Seller on the webpage at aestheticpro.com (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Online Store Interface”).

1.2. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person ordering the goods while performing its business or professional activity.

1.3. Provisions derogating from those stipulated by the Terms and Conditions may be agreed in the Purchase Agreement. The derogating arrangements in the Purchase Agreement have precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are written in the Czech language. The Purchase Agreement can be made in the Czech language.

1.5. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations in effect during the effectiveness of the previous text of the Terms and Conditions.

2. USER ACCOUNT

2.1. After registering on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the “User Account”). If enabled by the Online Store Interface, the Buyer may also order goods without registration directly from the Online Store Interface.

2.2. During the registration on the website and order-making, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the information provided in the User Account in case of any change in the circumstances. The information provided by the Buyer in the User Account and when ordering goods is deemed to be 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 of information necessary to access their User Account.

2.4. The Buyer is not permitted to allow their User Account to be used by third parties.

2.5. The Seller may cancel the User Account in the case it is not used by the Buyer for more than 12 months, or if the Buyer violates its obligations under the Purchase Agreement (including the Terms and Conditions).

2.6. The Buyer acknowledges that continuous access to the User Account is not guaranteed, especially with regard to the necessary maintenance of the hardware and software of the Seller or third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All the details of the goods presented in the Online Store Interface are of informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding these items. The provisions of Section 1732 para. 2 of the Civil Code shall not apply.

3.2. The Online Store Interface contains information about goods including prices and cost of return, if the item cannot be returned by the usual postal service. Item prices are inclusive of value added tax and all related fees. The prices remain in force for a period of time, during which they are displayed in the Online Store Interface. This provision does not limit the possibility for the Seller to conclude a Purchase Agreement under individually negotiated terms.

3.3. The Online Store Interface also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods contained in the Online Store Interface applies only to shipping within the Czech Republic.

3.4. To order the goods, the Buyer should fill in the order form in the Online Store Interface. The order form contains information on:

3.4.1. the ordered goods (the Buyer should put the ordered items into the electronic shopping cart in the Online Store Interface),

3.4.2. the method of payment for the goods, the desired method of delivery of ordered goods and

3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Purchase Order”).

3.5. Before sending the Purchase Order to the Seller, the Buyer is given the opportunity to check and modify the data filled in the Purchase Order, even with regard to the ability of the Buyer to detect and correct errors when filling in the Purchase Order data. The Buyer shall send the Purchase Order to the Seller by clicking the “order” button. The information provided in the Purchase Order is deemed to be correct by the Seller. Immediately after receipt of the order, the Seller shall confirm the receipt to the Buyer by e-mail, to the e-mail address listed in the Buyer’s User Account or in the Purchase Order (hereinafter referred to as the “Buyer’s E-mail Address”).

3.6. Depending on the nature of the Purchase Order (the quantity of the goods, the purchase price, estimated shipping costs), the Seller is always entitled to request an additional confirmation of the Purchase Order from the Buyer (for example, in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the Purchase Order confirmation, which is sent to the Buyer by the Seller via e-mail, to the e-mail address of the Buyer.

3.8. The Buyer agrees with the use of means of distance communication for the conclusion of the Purchase Agreement. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Agreement (the cost of the Internet connection, telephone bills) shall be borne by the Buyer.

4. SALE PRICE AND PAYMENT CONDITIONS

4.1. The Buyer can pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways:

4.1.1. in cash on delivery at the location specified in the Purchase Order by the Buyer;

4.1.2. by transfer to the Seller’s IBAN no. CZ98 0600 0000 0002 2210 0218, held with MONETA Money Bank, a. s. (hereinafter referred to as the “Seller’s Account”);

4.1.3. by payment card through GP webpay payment gateway;

4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and shipping the goods in an agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions in respect of the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payments, the purchase price is payable in advance within 7 days from conclusion of the Purchase Agreement.

4.5. In the case of non-cash payments, the Buyer is obliged to state the variable symbol of the payment when paying the purchase price of the goods. In the case of non-cash payments, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting of the relevant amount to the Seller’s account.

4.6. In the event that the Buyer does not receive the additional confirmation of the Purchase Order (Art. 3.6), the Seller is entitled to require an advance payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119 para. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.

4.8. If it is a common business practice or if so stipulated by generally binding legal regulations, the Seller shall issue for the Buyer a tax invoice with respect to payments made on the basis of the Purchase Agreement. Seller is a payer of value added tax. The tax invoice for the Buyer shall be issued by the Seller after payment of the price of the goods and sent electronically to the e-mail address of the Buyer.

4.9. Under the law on registration of sales, the Seller is obliged to issue a receipt for the Buyer. It is also obliged to register the revenue online with the taxation authority immediately or within 48 hours in the event of a technical failure.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, they cannot withdraw from the Purchase Agreement for the supply of goods that have been adjusted according to the wishes of the Buyer or custom goods, from the Purchase Agreement for the supply of goods which are subject to rapid deterioration, as well as goods which have been irrevocably mixed with other goods after delivery, from the Purchase Agreement for the supply of goods in a sealed container that the consumer has removed from its packaging and that cannot be returned for hygiene reasons, and from the Purchase Agreement for the supply of audio or video recordings or computer software, if the original packaging has been damaged.

5.2. Excluding the cases referred to in Art. 5.1 of the Terms and Conditions or other cases, in which the Buyer cannot withdraw from the Purchase Agreement, in accordance with the provisions of Section 1829 para. 1 of the Civil Code, the Buyer has a right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods; in the case that the subject of the Purchase Agreement is composed of several kinds of goods or delivered in several parts, the time limit begins from the date of receipt of the final goods delivery. Withdrawal from the Purchase Agreement shall be notified to the Seller within the time limit referred to in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which is annexed to the Terms and Conditions. The Buyer may send the notice of withdrawal from the Purchase Agreement to the Seller’s office address or the Seller’s e-mail address info@aestheticpro.com.

5.3. In the case of withdrawal from the Purchase Agreement pursuant to Art. 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the outset. The goods must be returned to the Seller by the Buyer within fourteen (14) days from receipt of the notice of withdrawal from the Purchase Agreement by the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by the usual postal service.

5.4. In the case of withdrawal from the Purchase Agreement pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the payment received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, using the same method as was used by the Buyer. The Seller is also entitled to return the payment received from the Buyer at the moment of return of the goods by the Buyer or using any other method, confirmed with the Buyer that does not incur additional costs by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received payment to the Buyer until the Buyer returns the goods or demonstrate that the goods have been dispatched to the Seller.

5.5. The Seller is entitled to unilaterally set off their claim for compensation against the refund of the purchase price to the Buyer.

5.6. In cases where the Buyer can withdraw from the Purchase Agreement, in accordance with the provisions of Section 1829 para. 1 of the Civil Code, the Seller also has a right to withdraw from the Purchase Agreement at any time until the receipt of the goods by the Buyer. In such case, the Seller shall return the purchase price to the Buyer without undue delay by transfer to the account specified by the Buyer.

5.7. If there was a gift provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent; if the Buyer withdraws from the Purchase Agreement, the gift agreement becomes ineffective with regard to such a gift, and the Buyer is obliged to return to the Seller the goods together with the provided gift.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. In the case that the method of transport is arranged by special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged by the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer shall take over the goods upon delivery.

6.3. In the event that for reasons on the part of the Buyer the goods should be delivered repeatedly or using a method other than stated in the Purchase Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with other delivery method.

6.4. When taking the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the case of any defects, notify the carrier without delay. In the case of breach of the package integrity indicative of unauthorized opening, the Buyer may refuse the delivery from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be regulated by special delivery terms and conditions of the Seller, if issued.

7. THE RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the parties regarding the rights arising from defective performance shall be governed by generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

7.2. The Seller warrants that the goods on receipt do not have any defects. In particular, the Seller warrants that at the time of takeover of the goods by the Buyer:

7.2.1. the goods have properties agreed by the parties, and in the absence of such an agreement, they have the properties announced by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of advertising carried out by the Seller or manufacturer,

7.2.2. the goods are fit for the particular purpose stated by the Seller or the purpose usual for the given type of goods,

7.2.3. quality or modification of the goods corresponds to the agreed sample or model, if the quality or design were specified according to the agreed sample or model,

7.2.4. the goods are in the corresponding amount, extent, or weight and

7.2.5. the goods comply with legal requirements.

7.3. The provisions referred to in Art. 7.2 of the Terms and Conditions shall not apply to a defect of the goods, due to which the goods are sold at a lower price, the normal wear and tear of the goods, a defect of second-hand goods appropriate to their wear-out or wear and tear, which the goods had when taken over by the Buyer, or if it corresponds to the nature of the goods.

7.4. If the defect appears within six months of receipt, it shall be deemed that the goods were defective already upon receipt. The Buyer is entitled to claim the defective performance that appears in the consumer goods within the period of six months of receipt.

7.5. The rights arising from defective performance shall be claimed by the Buyer at the Seller’s branch address, where it is possible to process the claim with respect to the range of goods sold, or at the registered address or head office.

7.6. Other rights and obligations of the parties related to the responsibility of the Seller for defects may be regulated by the return policy of the Seller.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

8.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of the provisions of Section 1826 para. 1 (e) of the Civil Code.

8.3. The Seller handles consumers’ complaints through the e-mail address info@aestheticpro.com. The Seller shall send the information about the Buyer’s complaint status to the e-mail address of the Buyer.

8.4. Out-of-court settlements of consumer disputes under the Purchase Agreement are settled by the appropriate Czech Trade Inspection Authority residing at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, webpage: https://adr.coi.cz/cs. For settlement of disputes arising from the Purchase Agreement between the Seller and the Buyer, the platform for on-line dispute resolution is available at the Internet address http://ec.europa.eu/consumers/odr.

8.5. The European Consumer Centre Czech Republic with the registered office at Štěpánská 567/15, 120 00 Prague 2, webpage: http://www.evropskyspotrebitel.cz is a contact point in accordance with European Parliament and Council Regulation (EC) No. 524/2013 from May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the regulation on consumer online dispute resolution).

8.6. The Seller is entitled to sell the goods on the basis of trade license. Trade licensing control is carried out by the Trade Licensing Office within its scope. Supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. Within a defined scope, the Czech Trade Inspection Authority also exercises supervision over compliance with the Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The Buyer hereby takes on the risk of change of circumstances within the meaning of Section 1765 para. 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. Protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The Buyer agrees to the processing of their personal data in the following scope: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “Personal Data”).

9.3. The Buyer agrees to the processing of Personal Data by the Seller for the purpose of fulfilling of rights and obligations under the Purchase Agreement and for the purposes of the User Account management. Unless the Buyer chooses otherwise, they agree also to the processing of Personal Data by the Seller for the purpose of sending commercial newsletters and information to the Buyer. Consent to the processing of Personal Data in its entirety under this article is not a mandatory condition for conclusion of the Purchase Agreement.

9.4. The Buyer acknowledges that they are obliged to provide their Personal Data (when registering, in their User Account, when ordering from the Online Store Interface) truthfully and correctly, and that they are obliged to inform the Seller without delay of any change in their Personal Data.

9.5. The Seller may delegate the processing of Personal Data to a third party, a processor. With the exception of persons delivering the goods, the Seller will not hand the Personal Data over to third parties without the prior consent of the Buyer.

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 provided Personal Data are accurate and that they were advised that the provision of Personal Data is voluntary.

9.8. In the event that the Buyer suspects that the Seller or the processor (Art. 9.5) performs the processing of their Personal Data in conflict with the protection of private and personal life of the Buyer or in conflict with the law, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:

9.8.1. ask the Seller or the processor for an explanation,

9.8.2. require that the Seller or the processor remedy the situation.

9.9. If the Buyer asks for information about the processing of their Personal Data, the Seller is obliged to provide such information. For the provision of information under the preceding sentence, the Seller has the right to request a reasonable compensation not exceeding the cost of providing the necessary information.

10. SENDING OF COMMERCIAL NEWSLETTERS AND STORAGE OF COOKIES

10.1. The Buyer agrees to receive information related to the goods, services or the Seller’s company to the Buyer’s e-mail address and agrees to receive commercial newsletters from the Seller to the Buyer’s e-mail address.

10.2. The Buyer agrees with the storage of so-called cookies on their computer. In the event that the purchase can be made on the webpage and the obligations of the Seller under the Purchase Agreement fulfilled without storing the so-called cookies on the computer of the Buyer, the Buyer may revoke their consent under the preceding sentence at any time.

11. DELIVERY

11.1. Deliveries for the Buyer can be made to the Buyer’s e-mail address.

12. FINAL PROVISIONS

12.1. If the relationship under the Purchase Agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers stipulated by generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced with a provision that most closely matches the original invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

12.4. A sample form for withdrawal from the Purchase Agreement is annexed to the Terms and Conditions.

12.5. The Seller’s contact information: address for correspondence - Aestheticpro s.r.o. Lidická 1889/9, 79604 Prostějov, Czech Republic, e-mail address: info@aestheticpro.com, phone +32 468 263 155

In Prostějov on May 1, 2017