GENERAL TERMS AND CONDITIONS

I. Basic provisions

1. These General Terms and Conditions (the “GTC”) of Bohemian Cosmetics s.r.o., registered with the Regional Court in Plzeň, Section C, File No. 46244, ID No.: 22509984, with its registered office at Koželužská 3034/1, 301 00 Plzeň, Czech Republic (the “Seller”), govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (the “Purchase Contract”) concluded between the Seller and another person as a consumer outside their business activity, or within the framework of their business activity (the “Buyer”), through the Seller’s online store available at www.bohemiancosmetics.cz (the “Online Store”).

2. The Seller’s contact details for communication with the Buyer are: info@bohemiancosmetics.cz, phone: +420 732 394 302.

3. These GTC form an integral part of the Purchase Contract. Deviating provisions in a Purchase Contract shall prevail over these GTC.

4. The Purchase Contract is concluded in the Czech language. If a translation is made available, it is provided for convenience only; in the event of any discrepancy, the Czech version shall prevail.

5. The Seller may amend or supplement these GTC. Such changes shall not affect the rights and obligations arising during the validity of the previous version of the GTC.

II. Information about goods and prices

1. The subject of performance under the Purchase Contract are products (the “Goods”) offered by the Seller in the Online Store. Information about the Goods, including prices and main characteristics, is provided for each product in the Online Store. The prices of the Goods are stated including VAT. The prices remain valid for the period for which they are displayed in the Online Store. This does not exclude the conclusion of a Purchase Contract under individually agreed conditions.

2. The Seller undertakes to deliver the Goods according to the Buyer’s order, transport them to the delivery address or delivery point selected by the Buyer, and hand them over in accordance with these GTC. Information on the costs associated with packaging and delivery is displayed in the Online Store. The amount of delivery costs may vary depending on the selected delivery method and the country of delivery. The Buyer is always informed of the final delivery costs during checkout before placing the order.

3. All presentation of Goods placed in the Online Store is of an informative nature and the Seller is not obliged to conclude a Purchase Contract regarding such Goods.

4. The Seller does not provide digital content or digital services within the meaning of Directive (EU) 2019/770 through the Online Store. The subject of sale is exclusively tangible movable goods – cosmetic products.

III. Order and conclusion of the Purchase Contract

1. The Buyer places an order for Goods through the Online Store. An order constitutes a proposal to conclude a Purchase Contract. The Buyer acknowledges that the binding price for the Goods is the price displayed in the Online Store at the moment of placing the order.

2. By placing an order, the Buyer confirms that they have read these GTC and agree with their current wording.

3. The Seller shall confirm receipt of the order to the Buyer without undue delay via e-mail to the e-mail address provided by the Buyer. This confirmation of receipt does not constitute acceptance of the order.

4. The Purchase Contract is concluded at the moment the Seller confirms acceptance of the Buyer’s order (order acceptance) via e-mail to the Buyer.

5. A properly placed order means in particular that the Buyer provides all required data in the checkout process, especially the Buyer’s name, delivery address (or delivery point selection, if applicable), e-mail address, telephone number, the selected Goods and quantity, and chooses a payment and delivery method offered by the Online Store.

6. Before the Buyer submits the order, the Buyer is allowed to check and change the data entered, including the ability to detect and correct errors made when entering data. The data stated in the order is considered correct.

7. The Seller is always entitled, depending on the nature of the order (quantity of Goods, purchase price, estimated delivery costs), to request additional order confirmation from the Buyer.

8. The delivery address is the address (or delivery point) specified/selected by the Buyer during checkout.

9. Ownership of the Goods passes to the Buyer upon receipt of the Goods and full payment of the total price.

10. The risk of damage to the Goods passes to the Buyer upon receipt.

11. The Buyer bears the costs of using means of distance communication in connection with concluding the Purchase Contract (e.g., internet connection costs, phone call costs). These costs do not differ from the basic rate.

12. The Buyer may cancel the order until they receive the Seller’s order acceptance. The Buyer may cancel the order by sending an e-mail to the Seller to the contact address stated in these GTC.

13. In the event of an obvious technical error on the Seller’s side in stating the price of the Goods in the Online Store, the Seller is not obliged to deliver the Goods at such clearly erroneous price even if the Buyer has received a confirmation of receipt of the order. The Seller shall inform the Buyer without undue delay and send an amended offer by e-mail. The amended offer is considered a new proposal to conclude a Purchase Contract, which is concluded by the Buyer’s acceptance sent to the Seller by e-mail.

IV. Payment terms and delivery of Goods

1. The Buyer undertakes to pay the total price. The total price consists of the price of the Goods and any costs associated with packaging and delivery, as shown during checkout.

2. The Buyer may pay the total price by the payment methods offered in the Online Store, in particular:
   a) by bank transfer (based on payment instructions in the order acceptance e-mail), or
   b) via the Comgate payment gateway (card / online transfer / Apple Pay / Google Pay), provided by Comgate, a.s.

3. In the case of non-cash payment, the Buyer’s obligation to pay the total price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

4. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the total price before dispatch of the Goods is not considered a deposit.

5. Delivery costs and available delivery methods are displayed during checkout. The Seller may deliver the Goods within the Czech Republic and to selected EU countries according to the options available in the checkout.

6. The usual delivery time is within 7 days of payment of the total price, unless stated otherwise for a specific product or order.

7. The Seller’s obligation to deliver the Goods shall expire if the Goods cannot be delivered within 90 days of receipt of a properly placed order, unless the Buyer and the Seller agree on a longer period.

8. The Buyer is obliged to take over the Goods upon delivery. If, for reasons on the Buyer’s side, it is necessary to deliver the Goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with such repeated delivery or different delivery method, unless the parties agree otherwise.

9. Upon receipt of the Goods from the carrier, the Buyer shall check the integrity of the package and, if any defects are found, immediately notify the carrier. If the package is damaged in a manner indicating unauthorized entry, the Buyer is not obliged to accept the shipment.

10. If the shipment is returned to the Seller as undeliverable or the Buyer does not accept the shipment from the carrier, or does not collect it at the delivery point within the specified storage period, the Seller is entitled to demand compensation for the damage incurred, in particular costs associated with transport, packaging, handling, storage or disposal of the shipment.

• For shipments delivered within the Czech Republic, such compensation is set at a flat rate of CZK 250 per each unaccepted shipment.

• For shipments delivered to other EU countries, the Seller is entitled to demand compensation for actually incurred costs associated with transport and return of the shipment.

11. In the event of repeated non-acceptance of shipments, the Seller is entitled to request payment in advance for subsequent orders. This provision applies in particular to orders delivered within the Czech Republic, where cash on delivery may be available.

V. Withdrawal from the Purchase Contract (consumer)

1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, the Purchase Contract cannot be withdrawn from, in particular, in the following cases:
   a) supply of Goods made to the Buyer’s specifications or clearly personalised,
   b) supply of Goods which are liable to deteriorate or expire rapidly,
   c) supply of Goods which are, after delivery, inseparably mixed with other goods,
   d) supply of sealed Goods which were unsealed after delivery and cannot be returned for reasons of hygiene,
   e) for the purposes of item d), Goods that cannot be returned after opening for hygiene reasons include, in particular, cosmetic products whose protective packaging has been broken or which have been opened or used after delivery.

2. Unless a case under paragraph 1 (or another case where withdrawal is not possible) applies, the Buyer who is a consumer has the right to withdraw from the Purchase Contract within 14 days from receipt of the Goods, pursuant to Section 1829(1) of the Civil Code. If the subject of the Purchase Contract is several types of Goods or delivery of several parts, the period runs from the date of receipt of the last delivery of Goods.

3. The model withdrawal form is set out below (Annex – Withdrawal Form). The Buyer may send the withdrawal notice to the Seller using the Seller’s contact details. The Buyer shall send the Goods back without undue delay, no later than 14 days from the date of withdrawal.

4. In the event of withdrawal, the Seller shall refund all payments received from the Buyer, including delivery costs corresponding to the cheapest delivery method offered, within 14 days of receiving the withdrawal notice. The Seller shall refund using the same payment method used by the Buyer, unless the parties agree otherwise.

5. The Seller may withhold the refund until the Goods have been returned or the Buyer has provided evidence of dispatch, whichever occurs first.

6. The Seller is entitled to unilaterally set off a claim for compensation for damage incurred to the returned Goods against the Buyer’s claim for a refund.

7. If a gift is provided to the Buyer together with the Goods, the gift agreement is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Contract, the gift agreement becomes ineffective and the Buyer shall return the gift together with the returned Goods.

8. The Buyer bears the direct costs of returning the Goods, unless the Seller expressly agrees otherwise.

9. The Buyer (consumer) has the right to out-of-court settlement of a consumer dispute pursuant to Act No. 634/1992 Coll., on Consumer Protection. The competent entity is the Czech Trade Inspection Authority. Further information is available at www.coi.cz. The consumer may also use the ODR platform at ec.europa.eu/consumers/odr/.

VI. Complaints procedure

1. General provisions

1. These complaints rules apply to all tangible movable goods purchased in the Seller’s Online Store (the “Goods”). For the purposes of these complaints rules, a consumer is any natural person who, outside the scope of their business activity, concludes a contract with an entrepreneur or otherwise deals with them.

2. The Seller is liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller is liable that the Goods:

   • correspond to the agreed description, type and quantity, and have the agreed quality, functionality, compatibility and other agreed characteristics, and

   • are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed.

3. In addition to the agreed properties, the Goods shall:

   • be suitable for the purpose for which goods of this type are normally used, taking into account legal regulations and standards,

   • correspond in quality and other characteristics to the usual characteristics of goods of the same type that the Buyer can reasonably expect, taking into account public statements (advertising/labeling), unless the Seller proves the legal exceptions,

   • be delivered with accessories and instructions for use that the Buyer can reasonably expect.

4. If a defect becomes apparent within one year of receipt, it is presumed that the Goods were defective upon receipt, unless the nature of the Goods or defect precludes this.

5. The Buyer may claim a defect that becomes apparent within two years of receipt. If the Goods are defective, the Buyer may request removal of the defect by delivery of new Goods without defect, unless this is impossible or disproportionately expensive. The Seller may refuse if removal is impossible or disproportionately expensive, taking into account the significance of the defect and the value without defect.

6. The Buyer may request a reasonable discount or withdraw from the contract if:

   • the Seller refused or failed to remove the defect within a reasonable time,

   • the defect appears repeatedly,

   • the defect is a material breach of contract, or

   • it is clear the defect will not be remedied without significant inconvenience to the Buyer.

7. The Buyer has no rights from defective performance if the defect was caused by the Buyer.

8. Wear and tear caused by normal use is not a defect.

2. Exercising rights from defective performance (complaint)

1. The Buyer may exercise rights from defects (the “Complaint”) only if they prove that the Goods were purchased from the Seller (e.g., order confirmation, proof of payment). The Buyer shall provide their name and contact details.

2. The Buyer shall indicate which right they are exercising and what method of complaint resolution they request.

3. If the Complaint is justified, the Buyer has the right to reimbursement of reasonably incurred costs associated with exercising the right, under the conditions of Section 1924 of the Civil Code, provided it is claimed no later than one month after the expiry of the period for notifying the defect.

4. The Buyer shall send the Goods for complaint to the Seller’s registered office address. Delivery via services that do not deliver directly to the Seller (e.g., parcel lockers / third-party pick-up points not delivering to the Seller’s address) may not be used unless the Seller agrees otherwise.

3. Time limits for handling complaints

1. If the Buyer is a consumer, the Seller shall resolve the complaint, including removal of the defect, and inform the consumer no later than 30 days from the date of complaint, unless the Seller and the consumer agree on a longer period.

2. In other cases, the Seller shall remedy the defect within a reasonable time without causing significant inconvenience, taking into account the nature of the Goods and the purpose of purchase.

VII. Processing of personal data

1. The Seller processes the Buyer’s personal data necessary for concluding and performing the Purchase Contract and for protecting the Seller’s rights. Other personal data may be processed on the basis of the Buyer’s consent, which may be revoked at any time.

2. The Buyer acknowledges that the Seller may authorize a third party as a processor to process personal data.

VIII. Final provisions

1. Out-of-court settlement of consumer disputes is handled by the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Praha 2, Czech Republic, ID No.: 000 20 869, website: https://adr.coi.cz/cs, e-mail: adr@coi.cz. The ODR platform may be used at http://ec.europa.eu/consumers/odr.

2. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the contractual relationship contains an international element, this does not affect consumer rights arising from mandatory legal provisions of the country of the consumer’s habitual residence.

3. All rights to the Online Store, including copyright to its content, layout, photos, videos, graphics, trademarks and logos, belong to the Seller. Use without the Seller’s consent is prohibited.

4. The Seller is not liable for errors resulting from third-party interference with the Online Store or from its use contrary to its intended purpose.

5. The Buyer assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The Purchase Contract, including these GTC, is archived by the Seller in electronic form and is not publicly accessible.

7. These GTC enter into force on 1 January 2026.

ANNEX – Withdrawal Form (consumer)

Fill in and send this form only if you wish to withdraw from the Purchase Contract within 14 days pursuant to Section 1829 of the Civil Code.

Addressee:
Bohemian Cosmetics s.r.o.
Koželužská 3034/1
301 00 Plzeň, Czech Republic
ID No.: 22509984
E-mail: info@bohemiancosmetics.cz

I hereby declare that I withdraw from the Purchase Contract for the purchase of the following Goods:

Goods specification: ………………………………………………………………
Order number: ………………………………………………………………………
Order date: …………………………………………………………………………
Date of receipt of Goods: …………………………………………………………

Consumer details:
Name and surname: ………………………………………………………………
Address: ……………………………………………………………………………
E-mail: ………………………………………………………………………………
Phone (optional): ……………………………………………………………………

Refund method (bank account number):
…………………………………………………………………………………………

Date: …………………………………
Signature (only if sent in paper form): …………………………………………

Note: You must send the Goods back without undue delay, no later than 14 days from the date of withdrawal. The consumer is liable only for any diminished value resulting from handling the Goods in a manner other than that necessary to become familiar with the nature, characteristics and functioning of the Goods.

Complaint Form

Please fill out this form if you wish to make a complaint about Goods purchased in the Bohemian Cosmetics Online Store.

Seller:
Bohemian Cosmetics s.r.o.
Koželužská 3034/1
301 00 Plzeň, Czech Republic
ID No.: 22509984
E-mail: info@bohemiancosmetics.cz

Buyer details:
Name and surname: ………………………………………………………………
Address: ……………………………………………………………………………
E-mail: ………………………………………………………………………………
Phone: ………………………………………………………………………………

Order information:
Order number: ………………………………………………………………………
Order date: …………………………………………………………………………
Date of receipt of Goods: …………………………………………………………

Claimed Goods:
Product name: ………………………………………………………………………
Quantity: ……………………………………………………………………………
Batch number (if shown on the packaging): ……………………………………

Description of the defect:
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………

Requested method of complaint resolution:
☐ replacement with a new product
☐ discount on the purchase price
☐ withdrawal from the Purchase Contract (refund)

Date of complaint: …………………………
Signature (only if sent in paper form): …………………………………………

Important information: Since Bohemian Cosmetics products contain natural ingredients, the colour, scent or consistency may naturally vary from batch to batch. Such variations are a natural property of the ingredients and do not constitute a defect unless they affect the quality, safety or functionality of the product.

Please send the claimed Goods together with this form to the Seller’s registered office address. Please pack the Goods so that they are not damaged during transport.