Terms & Conditions

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the “Terms”) of the business entity Anna Targonska, with its registered office at Breitfeldova 709/15, Prague 8, 18600, Identification Number: 21717702 (hereinafter referred to as the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contractual parties arising from or based on a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store.
The online store is operated by the Seller on the website located at https://nailland.cz/ (hereinafter referred to as the “Website”) via the interface of the Website (hereinafter referred to as the “Web Interface of the Store”).

1.2. These Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or in the course of their independent professional practice.

1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Contract. Any such deviating provisions in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.

1.4. These Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and these Terms and Conditions are drafted in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5. The Seller reserves the right to amend or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations that arose 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. Through the user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer may also place orders for goods without registration directly through the Web Interface of the Store.

2.2. When registering on the Website and when placing an order for goods, the Buyer is obliged to provide accurate and truthful information. The Buyer is required to update any information provided in the User Account whenever it changes. Information provided by the Buyer in the User Account and during the ordering of 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.

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, particularly in cases where the Buyer has not used their User Account for more than 2 years, or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software or the hardware and software of third parties.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentations of goods displayed within the Web Interface of the Store are for informational purposes only and do not constitute a binding offer. The Seller is not obligated to conclude a Purchase Contract for such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.2. The Web Interface of the Store contains information about goods, including the prices of individual items and the costs of returning goods if the goods, due to their nature, cannot be returned by standard postal means. Prices are listed inclusive of VAT and all applicable fees. The prices remain valid as long as they are displayed on the Web Interface of the Store. This does not limit the Seller’s right to conclude a Purchase Contract under individually agreed terms.

3.3. The Web Interface of the Store also contains information on packaging and delivery costs. These costs apply only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form available through the Web Interface of the Store. The order form contains, in particular:

3.4.1. Information about the ordered goods (the Buyer "adds" the selected goods to the electronic shopping cart),

3.4.2. Information on the selected method of payment, and preferred method of delivery of the goods,

3.4.3. Information on costs associated with the delivery of goods
(all together referred to as the “Order”).

3.5. Before submitting the Order, the Buyer is given the opportunity to review and amend the data entered, including the option to identify and correct any input errors. The Order is submitted by clicking the “Buy” button. The Seller considers the information provided in the Order to be accurate. Upon receipt of the Order, the Seller shall promptly confirm its receipt to the Buyer by email to the Buyer’s email address as specified in their User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).

3.6. Depending on the nature of the Order (quantity of goods, total price, estimated shipping costs), the Seller reserves the right to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).

3.7. The Purchase Contract is concluded when the acceptance of the Order is delivered to the Buyer via email, sent by the Seller to the Buyer’s Email Address.

3.8. The Seller reserves the right to cancel the Order in whole or in part in the event that the ordered goods are out of stock or cannot be delivered due to technical or logistical reasons. In such a case, the Buyer shall be informed without undue delay, and if payment has already been made, the amount paid shall be refunded using the same method by which the payment was made.

3.9. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Any costs incurred by the Buyer in connection with the use of such remote communication tools (internet connection, phone calls) shall be borne by the Buyer, and such costs shall not exceed the basic rates.

 

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any associated delivery costs under the Purchase Contract to the Seller using the following methods:

- in cash at the address of the online store: Breitfeldova 709/15, Prague 8, ZIP 18600;

- in cash on delivery at the location specified by the Buyer in the Order;

- cashless payment via the Global Payments system;

- cashless payment by payment card.

4.2. Together with the purchase price, the Buyer is obliged to pay the Seller any agreed packaging and delivery costs. Unless expressly stated otherwise, the term “purchase price” also includes packaging and delivery charges.

4.3. The Seller does not require the Buyer to make an advance payment or any similar prepayment. This does not affect the provisions of Article 4.6 regarding the obligation to pay the purchase price in advance in certain cases.

4.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the Purchase Contract.

4.5. When making a cashless payment, the Buyer must include the correct payment reference (variable symbol). The Buyer's payment obligation is fulfilled once the corresponding amount is credited to the Seller’s bank account.

4.6. The Seller reserves the right, especially if the Buyer has not provided additional confirmation of the Order (as per Article 3.6), to request full payment of the purchase price before dispatching the goods. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts granted by the Seller to the Buyer cannot be combined unless otherwise explicitly stated.

4.8. The Buyer may also purchase and send Gift Vouchers in denominations of CZK 1,000, 2,000, or 5,000 for the purchase of goods, by completing the relevant form on the Seller’s Website.

4.9. If customary in business practice or required by applicable law, the Seller shall issue the Buyer a tax document – an invoice – for payments made under the Purchase Contract. The Seller is not a VAT payer. The invoice will be issued after the payment is made and sent to the Buyer’s email address in electronic form.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Contract for the supply of goods that have been customized according to the Buyer’s wishes or for their personal use; for perishable goods; for goods that have been irreversibly mixed with other goods after delivery; or for goods in sealed packaging that have been unsealed by the consumer and cannot be returned for hygiene reasons.

5.2. Unless it is a case referred to in Article 5.1 or another case where the right to withdraw does not apply, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods, in accordance with Section 1829(1) of the Civil Code. If the contract involves multiple goods or deliveries in parts, the withdrawal period begins on the date the final part is delivered. The Buyer must notify the Seller of the withdrawal within this period. The Buyer may use the model withdrawal form provided by the Seller, which is attached to these Terms and Conditions. The withdrawal notice may be sent to the Seller’s business address or email: [email protected].

5.3. The Buyer may exercise the right to withdraw from the Purchase Contract and return the goods directly via the online store’s customer account. In the order details section of the relevant purchase, a dedicated return button is available, which redirects the Buyer to an electronic return request form. All actions required to process the return under these Terms & Conditions are carried out through this form.

5.4. In case of withdrawal under Article 5.2, the Purchase Contract is considered void from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal notice. The Buyer shall bear the return shipping costs, even if the goods cannot be returned by ordinary postal means due to their nature.

5.5. If the Buyer withdraws from the Purchase Contract, the Seller will refund all payments received within fourteen (14) days of the withdrawal, using the same payment method as originally used by the Buyer, unless agreed otherwise and provided no additional costs are incurred by the Buyer. The Seller is not obligated to refund before the goods are returned or the Buyer proves that the goods have been shipped back.

5.6. The Seller is entitled to unilaterally offset any claim for damage caused to the returned goods against the Buyer’s refund amount.

5.7. In cases where the Buyer has the right to withdraw from the contract under Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time before the Buyer receives the goods. In such case, the Seller will refund the purchase price to the Buyer without undue delay, via a bank transfer to an account specified by the Buyer.

5.8. If a gift is provided along with the goods, a gift agreement is concluded between the Seller and the Buyer with the condition subsequent that if the Purchase Contract is withdrawn from, the gift agreement becomes void and the Buyer is obliged to return the gift along with the goods.

6. SHIPPING AND DELIVERY OF GOODS

6.1. Available delivery methods: personal pickup at the address of the online store, Zásilkovna pickup points, Balíkovna, international delivery, and courier delivery within Prague.

6.1.1. In the case of personal pickup, the Buyer agrees to wait for confirmation from the Seller that the order is ready for collection. Only after receiving such confirmation is the Buyer entitled to come and collect the goods. The Seller shall not be held liable for the order being unprepared for collection if the Buyer arrives without prior confirmation.

6.2. If a delivery method is arranged based on a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with such delivery method.

6.3. 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 obligated to accept the goods upon delivery.

6.4. If delivery needs to be repeated or carried out using a different method due to reasons attributable to the Buyer, the Buyer shall bear the costs associated with such repeated or alternative delivery.

6.5. Upon receiving the goods from the carrier, the Buyer is obligated to inspect the integrity of the packaging. In case of any damage, the Buyer must immediately notify the carrier. If the packaging appears to have been tampered with or shows signs of unauthorized access, the Buyer is not obliged to accept the shipment.

6.6. Additional rights and obligations related to the shipping and delivery of goods may be governed by the Seller’s specific delivery terms, if issued.

 

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contractual parties concerning defective performance are governed by the applicable mandatory legal provisions, in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code, as well as Act No. 634/1992 Coll., on Consumer Protection, as amended.

7.2. The Seller guarantees that the goods are free from defects upon delivery. In particular, the Seller guarantees that at the time the Buyer takes delivery of the goods:

7.2.1. the goods have the characteristics agreed upon by the parties; if not explicitly agreed, the goods shall have the characteristics described by the Seller or manufacturer, or those expected by the Buyer based on the nature of the goods and the advertising presented,

7.2.2. the goods are suitable for the purpose stated by the Seller or for purposes for which such goods are normally used,

7.2.3. the goods conform in quality or design to the agreed sample or model, if the quality or design was defined based on such sample or model,

7.2.4. the goods are in the appropriate quantity, size, or weight,

7.2.5. the goods comply with the applicable legal requirements.

7.3. The provisions of Article 7.2 do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods with defects corresponding to the level of use or wear at the time of acceptance by the Buyer, or if such exclusion results from the nature of the goods.

7.4. If a defect appears within six months of delivery, it is presumed that the goods were defective at the time of delivery. The Buyer is entitled to assert claims for defects in consumer goods that appear within twenty-four (24) months from the date of receipt.

7.5. The Buyer shall assert the rights from defective performance at the Seller’s premises where complaints can be accepted based on the type of goods sold, or at the Seller’s registered office or place of business.

7.6. Additional rights and obligations related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Policy.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

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

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

8.3. The Seller handles consumer complaints via the email address: [email protected] .Information regarding the resolution of a complaint will be sent to the Buyer’s email address.

8.4. For out-of-court settlement of consumer disputes arising from the Purchase Contract, the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, is competent. Website: https://adr.coi.cz/cs.
The EU online dispute resolution platform located at https://ec.europa.eu/consumers/odr may also be used to resolve disputes between the Seller and the Buyer.

8.5. The European Consumer Centre Czech Republic, with its office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the designated contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes.

8.6. The Seller is authorized to sell goods based on a trade license. Trade licensing supervision is carried out by the competent trade licensing authority. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority also supervises, within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

 

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfills their information obligation toward the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – "GDPR") in connection with the processing of the Buyer’s personal data for the purpose of performing the Purchase Contract, negotiating this contract, and fulfilling the Seller’s legal obligations, through a separate document.

 

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees to receive information related to the Seller’s goods, services, or business at the Buyer’s email address, and further agrees to receive commercial communications from the Seller at the Buyer’s email address. The Seller fulfills its information obligation toward the Buyer under Article 13 of the GDPR regarding the processing of personal data for the purpose of sending commercial communications through a separate document.

10.2. The Buyer consents to the storage of so-called cookies on their device. In the event that it is possible to make a purchase on the Website and fulfill the Seller’s contractual obligations without storing cookies, the Buyer may withdraw their consent at any time.

 

11. DELIVERY OF COMMUNICATIONS

11.1. Communications may be delivered to the Buyer via the Buyer’s email address.

11.2. A notification shall be deemed delivered even if the recipient refused to accept it, did not collect it within the storage period, or if it was returned as undeliverable.

11.3. The contractual parties may exchange standard correspondence via email, using the email address specified in the Buyer’s User Account or provided in the Order, or the address published on the Seller’s website.

 

12. FINAL PROVISIONS

12.1. If a legal relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that such relationship shall be governed by the laws of the Czech Republic. The choice of law under the preceding sentence does not deprive a consumer of the protection afforded by mandatory provisions of the legal order that would apply in the absence of a choice of law, pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of these Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that best approximates the meaning and purpose of the original. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.

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

12.4. An annex to these Terms and Conditions is the sample Withdrawal Form from the Purchase Contract.

12.5. Contact details of the Seller: Postal address: Anna Targonska, Breitfeldova 709/15, Prague 8, 18600, Email: [email protected], Phone: +420 771 195 855.