GENERAL TERMS AND CONDITIONS

General business conditions of the company YES K-BEAUTY / Monika Matejovičová, with registered office on April 5, 1023/23, 95701 Bánovce nad Bebravou, ID number 54329817, registered in the commercial register of the Bánovce nad Bebravou District Office OU-BN-OZP-2021/011079-2 no. trade register 310-11031, email: yeskbeauty@gmail.com, telephone number: +421 917 466 025 ("We" or "Seller") regulate in accordance with the provisions of Act No. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended (hereinafter referred to as the "Consumer Protection Act"), Act No. 102/2014 Coll. on consumer protection mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase contract ("Contract") concluded through the E-shop on the website www.yeskbeauty.com. 

All information about the processing of your personal data is included in the Personal Data Processing Policy, which you can find here https://www.yeskbeauty.com/en/privacy--gdpr/.

The provisions of these Terms and Conditions are an integral part of the Agreement. The Agreement and Terms and Conditions are drawn up in the Slovak language. We can unilaterally change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Conditions.

As you probably know, we primarily communicate remotely. Therefore, it also applies to our Agreement that means of remote communication are used, which allow us to come to an agreement without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface .

If any part of the Terms and Conditions contradicts what we agreed upon together as part of the process of your purchase on Our E-shop, this specific agreement will take precedence over the Terms.

• SOME DEFINITIONS

1. The price is the financial amount that you will pay for the Goods;
2. The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging; 
3. The total price is the sum of the Price and the Shipping Price; 
4. VAT is value added tax according to applicable legal regulations; 
5. The invoice is a tax document issued in accordance with the law on value added tax for the total price;
6. The order is your irrevocable proposal to conclude a contract for the purchase of goods with us; 
7. A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the preservation of the history of ordered Goods and concluded Contracts; 
8. You are a person shopping at Our E-shop, referred to by law as a buyer;
9. Goods are everything you can buy on the E-shop.

• GENERAL PROVISIONS AND INSTRUCTIONS

1. The purchase of Goods is possible only through the web interface of the E-shop.
2. When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided us when ordering the goods to be correct and true.

• CONCLUSION OF CONTRACT

1. The contract with Us can be concluded in Slovak, Czech and English.
2. The contract is concluded remotely via the E-shop, while you pay the costs of using the means of communication remotely. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree to the fact that we use the means of remote communication.
3. In order for us to conclude the Agreement, it is necessary that you create a draft Order on the E-shop.This proposal must include the following information:
• Information about the purchased Product (in the E-shop, you mark the Product you are interested in purchasing with the "Add to basket" button); 
• Information about the Price, the shipping price, the method of payment of the Total price and the required method of delivery of the Goods; this information will be entered as part of the creation of the draft of the Order within the user environment of the E-shop, while the information on the Price, Shipping Price and Total Price will be entered automatically on the basis of the Goods chosen by you and the method of its delivery; 
• Your identification and contact data used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address; 
• In the case of a contract based on which we will deliver the goods to you regularly and repeatedly, also information on how long we will deliver the goods to you.
4. During the creation of the draft of the Order, he can change and check the data until the time of its creation. After performing the check by pressing the "Order binding to payment" button, you will create the Order. Before pressing the button, however, you must still confirm your familiarity with and agreement with these Terms, otherwise it will not be possible to create the Order. The check box serves for confirmation and consent. After pressing the "Order obliging payment" button, all the filled-in information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it is delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The terms and conditions in the wording effective on the date of the Order form an integral part of the Agreement.
6. There may also be cases when we will not be able to confirm your Order. This is especially the case when the goods are not available or when you order a larger number of goods than is allowed by us. However, we will always provide you with information about the maximum number of Products in advance within the E-shop, and it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In that case, the contract is concluded the moment you confirm Our offer. 
7. In the event that an obviously incorrect Price is indicated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price even if you have received the confirmation of the Order, and thus the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new contract in an amended form compared to the Order. In that case, the new Contract is concluded the moment you confirm Our offer. If you do not confirm our offer even within 3 days of its sending, we are entitled to withdraw from the concluded contract. An obvious defect in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.
8. In the event that a contract is concluded, you are obligated to pay the Total Price.
9. If you have a User Account, you can place an Order through it. Even in that case, you have the obligation to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
10. In some cases, we allow you to use a discount for the purchase of goods. In order to provide a discount, it is necessary that you fill in the information about this discount in a predetermined field within the draft Order. If you do so, the goods will be provided with a discount.

• USER ACCOUNT

1. Based on your registration in the E-shop, you can access your User account. 
2. When registering a User Account, it is your duty to enter all entered data correctly and truthfully and to update them in case of change. 
3. Access to the User Account is secured by a username and password. Regarding these access points, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we bear no responsibility. 
4. The user account is personal, and you are therefore not authorized to allow third parties to use it. 
5. We can cancel your User Account, especially if you do not use it for more than 10 years, or if you violate your obligations under the Agreement. 
6. The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

• PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

1. The price is always stated in the E-shop, in the draft Order and of course in the Contract. In the event of a discrepancy between the Price specified for the Goods in the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions when shipping is free, is also indicated.
2. The total price is stated including VAT, including all fees established by law. 
3. We will require payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can pay the total price in the following ways:
• By bank transfer. We will send you payment information as part of the Order confirmation. In the case of payment by bank transfer, the total price is payable within 7 days.
• By card online. In this case, payment is made through the Shoptet Pay payment gateway, while the payment is governed by the terms of this payment gateway, which are available at:https://www.shoptetpay.com/sk/online-platba-kartou/. In the case of payment by card online, the total price is payable within 7 days.
• Cash on delivery. In such a case, payment will be made upon delivery of the Goods as opposed to handover of the Goods. In the case of payment by cash on delivery, the total price is payable upon receipt of the Goods.
4. The invoice will be issued in electronic form after payment of the Total price and will be sent to your e-mail address. The invoice will not be sent physically, as we are supporters of saving nature, the invoice will be available in your User Account.
5. Ownership of the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the total price is paid by crediting to Our account, in other cases it is paid at the time of payment.

• DELIVERY OF GOODS, TRANSITION DANGER OF DAMAGE TO THINGS

1. The goods will be delivered to you in the manner of your choice, while you can choose from the following options:
• Personal collection at the delivery points of the company - Packeta
• Delivery via transport companies GSL.sk and Zásielkovňa - Packeta.sk
2. The goods can only be delivered within the Slovak Republic and the Czech Republic.
3. The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The estimated time of delivery of the Goods will be notified to you in the confirmation of the Order. The time indicated on the E-shop is only indicative and may differ from the actual delivery time.
4. After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately of this fact. In the event that there has been a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your obligation to take over the Goods from the carrier.
5. In the event that you breach your obligation to take over the Goods, with the exception of cases according to the Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the contract due to your material breach of the contract. If we decide to use this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the right to payment of the Transport Price, or the right to compensation for damage, if it has arisen.
6. If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed upon in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send the payment details for the payment of these costs to your e-mail address specified in the Agreement and they are due 14 days after the e-mail is delivered.
7. Dangerous damage to the Goods passes to you the moment you take them over. In the event that you do not accept the Goods, with the exception of cases according to the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to accept them, but for reasons on your part the acceptance did not take place. The passing of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
8. In the event that the Goods were not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in the event of: a delay in the delivery of the Goods from our supplier, while we will always notify you of the new expected delivery time.
9. In the event that we are not able to deliver the Goods to you even within 30 days from the expiration of the delivery time specified in the Order confirmation, for any reason, we and you are entitled to withdraw from the Contract.

• RIGHTS FROM DEFECTIVE PERFORMANCE

1. We guarantee that at the time of the passing of the risk of damage to the Goods according to the Conditions, the Goods are free of defects, especially after:
• has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
• it is suitable for the purposes that we have indicated or for the purposes that are customary for Goods of this type; 
• is in the corresponding quantity and weight; 
• meets the requirements set by legal regulations; 
• is not encumbered by the rights of third parties.
2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (provisions of Act No. 40/1964 Coll. of the Civil Code as amended, Act No. 250/2007 Coll. on consumer protection and amending the Act of the Slovak of the National Council No. 372/1990 on offenses as amended, Act No. 102/2014 on mutual rights and obligations.
3. In the event that the Goods have a defect, that is, especially if one of the conditions according to Art. identification data. For a complaint, you can also use the sample form provided by us, which forms attachment no. 1 complaint form. In exercising the right from defective performance, it is necessary to choose how you want to solve the defect, and you cannot subsequently change this choice, except in cases without our consent. We will deal with the claim in accordance with the right you have applied due to faulty performance. In the event that you do not choose to resolve the error, you have rights even in situations where the erroneous performance was a substantial breach of the Agreement.
4. If faulty performance is a material breach of the Agreement, you have the following rights:   
• to remove the defect by delivering new Goods without defect; 
• for a reasonable discount from the Price; 
• to withdraw from the Agreement.
5. In the event of a material or non-material breach, you cannot withdraw from the contract or demand the delivery of a new item, unless you can return the goods in the condition in which you received them. However, this does not apply in the following cases:
• if there was a change in the condition of the Goods as a result of the inspection for the purpose of detecting a defect; 
• if the Goods were used before the defect was discovered;
• if the possibility of returning the Goods in an unchanged condition was not caused by your actions or your omission;
6.  Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the expected duration of processing the complaint. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.
7. We will inform you about the processing of the claim by e-mail. If the claim is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, for example. receipts or confirmations of the price for transport. In the event that the defect has been removed by the delivery of new Goods, it is your obligation to return the original Goods to Us, but We shall cover the costs of this return.
8.  If you are an entrepreneur, it is your duty to notify and point out the defect without undue delay after you have discovered it, but no later than three days after receiving the Goods.
9.  If you are a consumer, you have the right to exercise rights from defective performance in the event of a defect that occurs with consumer goods within 24 months of receipt of the goods.
10. The provisions regarding the right to defects do not apply in the case of:
• Goods that are sold at a lower price due to a defect for which a lower price was agreed upon.

• WITHDRAWAL FROM CONTRACT

1.  Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.
2. If you are a consumer, i.e. a person buying Goods outside the scope of your business activity, you have, in accordance with the provisions of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on consumer protection and on the amendment of Act of the Slovak National Council No. 372/1990 Coll. on offences as amended, Act no. 102/2014 Coll. on consumer protection, mutual rights and obligations of the Civil Code, the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods. In the event that you conclude a Contract, the subject of which is several types of Goods, this period begins to run only on the day of delivery of the last part of the Goods. You can withdraw from the contract in any demonstrable way (in particular by sending an e-mail or a letter to our addresses listed with our identification data). For withdrawal, you can also use the sample form provided by Us, which forms attachment no. 2 form for withdrawal from the contract.
3. Even as a consumer, however, you cannot withdraw from the contract in cases where the subject of the contract is:
• Goods whose price depends on fluctuations in the financial market independently of Our will and may occur during the withdrawal period from the Contract; 
• Goods in closed packaging that have been removed from the packaging and cannot be returned for hygienic reasons; 
• delivery of audio or video recordings or computer programs if the original packaging has been damaged.
4. The withdrawal period according to the Terms and Conditions is considered to have been observed if you send Us a notification that you are withdrawing from the Agreement during it.
5. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons based on the nature of the Goods). We may also withdraw from the Agreement if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the contract at any time, even without giving a reason.

• RESOLUTION OF DISPUTES WITH CONSUMERS

1. In relation to buyers, we are not bound by any codes of conduct in accordance with the provisions of the Civil Code.
2. We handle consumer complaints via the email address yeskbeauty@gmail. We will send information about handling the complaint to the buyer's email address.
3. The Slovak Trade Inspection is responsible for the out-of-court settlement of consumer disputes arising from the Agreement, more information at https://www.soi.sk/en/SOI.soi. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
   
4. The European Consumer Center of the Slovak Republic: https://esc-sr.sk/en/ is  the contact point according to Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013, on the resolution of consumer disputes online and on the amendment of the Regulation (EC ) no. 524/2013 2006/2004 and directive 2009/22/EC (regulation on the resolution of consumer disputes online).
   

• FINAL PROVISIONS

1. If Our and Your legal relationship contains an international element (ie, for example, we will send goods outside the territory of the Slovak Republic), the relationship will always be governed by the law of the Slovak Republic. However, if you are a consumer, this agreement does not affect your rights arising from legal regulations.
2. We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
3. The contract can only be changed based on our written agreement. We are entitled to change and supplement these Terms and Conditions, this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. We will inform you about the change only if you have created a User Account (so that you have this information in the event that you order new Goods, the change does not create a right of termination, because we do not have a contract that could be terminated). We will send you information about the change to your e-mail address at least 14 days before the change takes effect.
4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemics, operational failures, subcontractor outages, etc.), we are not responsible for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for longer than 10 days, we and you have the right to withdraw from the Agreement.
5. The contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and you will therefore always have access to the Agreement even without Our cooperation. We recommend always saving the confirmation of the Order and the Terms and Conditions.
6. These Terms and Conditions take effect from the date of registration on  www.yeskbeauty.com. 

 

If the buyer is a consumer, he has the right, in the event that he ordered the goods through the e-shop www.yeskbeauty.com, apart from the cases specified in the Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the date of receipt of the goods, without stating reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing electronically to the e-mail indicated on the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company will return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (the purchase price of the delivered goods), including delivery costs, which he received from him on the basis of the purchase contract accepted, in the same way. If the buyer has chosen a different method of delivery than the cheapest method offered by the Company, the Company will reimburse the buyer for the cost of delivery of the goods only in the amount corresponding to the cheapest method of delivery of the goods offered. The Company is not obliged to return the received funds to the buyer before the buyer sells the goods or proves that he has sent the goods to the Company.

 

 

These terms and conditions take effect on March 1, 2022