Terms & Conditions
Terms & Conditions
Terms & Conditions (hereinafter the „Terms & Conditions“) of the commercial company Intersmart, s.r.o, residing in Nekvasilova 692/27, 186 00 Prague, Czech Republic, identification number: 242 24 511, registered in Commercial Register kept in Municipal Court of Prague, section C, insert 190305 (hereinafter the „Seller“), in accordance with provision of section 1751(1) of the Act no. 89/2012 Coll., govern mutual rights and duties of contracting parties arising in connection with or on the basis of the Purchase Contract (hereinafter the „Purchase Contract“) concluded between Seller and other natural person (hereinafter the „Purchaser“) through the Seller's online shop. The online shop is operated on the website with a www.SmartLashes.eu web address (hereinafter the „website“), through web application interface.
1.1 "We declare that the data serves only for the purpose of identification during purchase from the Intersmart, s.r.o. company and they shall not be provided to the third party nor otherwise misused."
1.2 By confirming the registration Purchaser gives consent to sending of offer emails from the online shop of the Intersmart, s.r.o. brand.
1.3 Purchaser can unsubscribe from the email newsletter service anytime by writing to the email address: [email protected], or to the company address above.
1.4 Purchaser can make orders even without registration.
2. Acceptance and Execution of the order, Purchase Contract
2.1 Order of Purchaser is proposal of the Purchase Contract and the Purchase Contract itself is concluded at the moment of delivery of firm approval of this proposal by Purchaser and Seller (firm confirmation of the order by Seller). Mutual rights and duties between Purchaser and Seller arise from that moment.
2.2 By concluding the Purchase Contract Purchaser confirms that he got acquainted and he agrees with these Terms & Conditions, claim conditions included. Purchaser is sufficiently made aware of these terms and conditions and of claim conditions by order execution itself and he has opportunity to get acquainted with them.
2.3 Seller reserves the right to cancel the order or its part before conclusion of the Purchase Contract in following cases: goods are no longer produced or delivered or the price of supplied goods has substantially changed. If this situation occurs, Seller shall contact Purchaser without delay to agree further procedure. In case that Purchaser has already paid part or whole amount of the purchase price, this amount will be transferred back to his account and no Purchase Contract is concluded.
2.4 You are automatically informed on acceptance of the order by email.
2.5 All orders accepted by this shop are binding. Order can be cancelled before the dispatch. In case the order is not cancelled before the dispatch and it is already dispatched, reimbursement of dispatching costs may be claimed from Purchaser.
2.6 Expected delivery deadline of goods that are not available in stock is specified in the detail of each product and in the order confirmation. It is specified at each product if the goods are in stock or not. If the goods are not in stock, or in store of Supplier, we will immediately inform you about next delivery deadline.
2.7 If you cancel the order within 12 hours, it will be deemed to be cancelled. You can make cancellation by email or eventually by phone. It is necessary to state your name, email and number of the order.
3. Transport and Delivery
3.1 Goods may be delivered by postal service or transport parcel services.
3.2 Transport price is shown right after selection of the delivery method. The price may be increased in case of bulky, heavy or otherwise badly transportable products.
3.3 If goods are delivered by postal service and the parcel or protective tape is visibly damaged, submit a complaint directly to the carrier. Supplier bears no responsibility for damages occurred during transport.
3.4 In case that the transport method is agreed on the basis of Purchaser's special request, Purchaser carries the risk and eventual additional costs connected with this transport method.
3.5 If Purchaser has to deliver goods to the place specified by Purchaser in the order, Purchaser is obliged to take them over at delivery. If it is necessary to deliver goods repeatedly or in the other way than specified in the order, Purchaser is obliged to pay costs connected with repeated delivery or with other delivery method.
3.6 Purchaser is obliged to control integrity of packaging and to immediately inform Seller in case of defects. If the packaging is tampered, Purchaser has right to refuse acceptance of the parcel. The complaint can be submitted within 3 days from delivery, provided that the damage was not evident at handover!
3.7 Other rights and duties related to transport of goods may be governed by special delivery terms of the Seller, if issued.
4.1 Warranty period starts from the date on tax invoice.
4.2 We provide warranty period laid down by law.
4.3 Warranty period may be extended in disputable cases by 5 (in words: five) days as a compensation for delivery time.
5. Discrepancy with Purchase Contract – General information
5.1 In case that the object is not in accordance with Purchase Contract at the moment of takeover by Purchaser (hereinafter the "discrepancy with Purchase Contract"), Purchaser is entitled to ask Seller to restore situation to the state corresponding to Purchase Contract free of charge and without undue delay, by replacement or repair according to the requirement of Purchaser. If this is not possible, Purchaser may require adequate discount on the price or withdraw from the contract. This shall not apply if Purchaser was aware of the discrepancy with Purchase Contract or if he caused it himself.
5.2 Discrepancy with Purchase Contract manifested within six months from the takeover is deemed to be a discrepancy existing already at the takeover, if it is not inconsistent with nature of the subject or if it is not proven otherwise.
6. Purchaser's right of withdrawal
6.1 If the Purchase Contract is concluded through remote means of communication (in the online shop), Purchaser has right to withdraw from the contract within 14 days from takeover of goods. In such case Purchaser contacts Seller indicating, preferably in written form, that he withdraws from the contract along with indication of number of the order, date of purchase and account number for the reimbursement. Money may be reimbursed also in cash at company's address. Contract withdrawal must be delivered at the latest on the last day of the 14-day deadline.
6.2 Deadline may be extended in individual cases, taking the circumstances into account, but not for longer than 30 days from delivery.
6.3 This provision of the law cannot be understood as a possibility of free rental of goods. In case that Purchaser uses his right of withdrawal within 14 days from assumption of liabilities, he must hand over every item received on the basis of the Purchase Contract to Supplier. If this is not possible (e.g. goods were in the interim period damaged or consumed), Purchaser has to provide financial compensation as a consideration of what cannot be handed over anymore. If the returned goods are damaged only partially, Seller may exercise the right of compensation and he can reduce returned purchase price. In such case Seller is obliged to prove the damage caused and he returns to Purchaser such reduced purchase price.
Costs actually incurred in connection with returning goods (transport costs and so on) may be deducted from purchase price that must be returned to Purchaser.
6.4 Purchaser does not have right of withdrawal in case of following types of Contract:
- for the provision of services – if their performance started upon his approval before the deadline of 14 days after assumption of liabilities,
- for the supply of goods that were adjusted according to the request of Purchaser or for the person that he is, as well as goods that are perishable or subjected to wear or obsolescence,
- for the supply of audio and video records and computer programs if Purchaser damages the original packaging.
7. Delivery and Delivery Terms
7.1 Parcels may be divided into more packets. The postage remains unchanged.
7.2 We track all parcels until their delivery in order to avoid issues that may arise.
7.3 In case of returning goods, prepare a parcel according to the following description: Select a carrier and send goods at the above mentioned address.
How to prepare a parcel: Parcel must be complete (including accessories and all documentation) and in the same condition as at the moment of delivery. Attach document on purchase. Please always use wrapping paper or carton so that the original packaging is not pasted, depicted or otherwise destroyed during transport. Do not send goods using cash on delivery (COD) service. We recommend you to insure goods. Money will be returned to your bank account (do not forget to state the number), usually within 3 working days from the parcel receipt. In case of returning goods the amount will be reduced by transport costs (shall not apply to claims!).
8. Payment methods
8.1 You can choose the payment method after selection of the shipping method.
Advance payment – if you select this payment method you will get all the information necessary for the payment. We will dispatch goods after receipt of the payment to our bank account.
Cash on delivery (COD) – available only in Czech Republic and Slovakia – we will dispatch ordered goods by postal service and you will pay in cash at the takeover.
Payment card - we will dispatch goods after receipt of the payment.
When paying with a payment card, you do not have to fear the misuse. We use a verified gateway with a 3-D Secure protocol, supported by card associations. All the internal information (password, username, transaction) is encrypted. General information (information on single items) is not encrypted in order to increase speed.
8.2 Pursuant to the Act on electronic records of sales Seller is obliged to issue the accounting document to Purchaser. Simultaneously, he is obliged to record accepted sales online at fiscal administrator; in case of technical failure within 48 hours at the latest.
10.1 In case that received goods are damaged or non-functioning, proceed according to the complaints procedure.
10.2 Procedure of returning goods on the ground of contract withdrawal is described in point 6 of Terms & Conditions.
11. Complaints procedure
11.1 Products covered by a right to submit a complaint must be sent for appraisal immediately after detection of defect. They must be clean, they must contain proper documents and description of defect, eventually the place of defect shall be marked.
11.2 Proceed according to the following description: Send a product to the contact address. Transport will be reimbursed by Seller. Contact us as soon as you know when and where we can pick up the parcel. Parcel must be complete (including accessories and all documentation) and in the same condition as at your takeover. All documents received along with goods must be attached to them, e.g. document on purchase, sales receipt, warranty certificate etc. Please always use wrapping paper or carton so that the original packaging is not pasted, depicted or otherwise destroyed during transport. Goods must be properly packaged for transport in order to avoid possible further damage. Do not send goods using cash on delivery service (COD), in such case goods shall not be taken over. We recommend you to insure goods. You will get a complaint protocol immediately after our receipt of goods. Defective or damaged goods will be replaced or the purchase price will be returned.
11.3 Seller accepts no liability for damages resulting from operation of products, functional properties and unprofessional use of products, as well as damages caused by external events and incorrect manipulation. Provided warranty shall not apply on defects of such origin.
11.4 If producer provides longer warranty, it is indicated in catalogue.
11.5 When complaint is rejected, costs of complaints procedure and service charges may be charged. You will get information on settlement of claim by email. In case of replacement of goods you will be informed on parcel dispatching and delivery deadline.
12. Rules for the use of Smart points
12.1 Only customers registered on www.smartlashes.eu from 1.1.2017 can collect Smart points.
12.2 In order to collect and use Smart points you must be logged in to the website.
12.3 Smart points are added according to current rules that may change.
12.4 Smart points for your current order are added to your personal account only after payment and complete execution of the order.
12.5 Smart points are not rewarded for orders made by phone, email or in other way, or when made by unregistered user. You can use your Smart points only after creation of the personal order on the website.
12.6 In case of order modification that requires intervention of the customer service employee Smart points are automatically returned to the customer's account. You can use them for your next order.
12.7 You can use Smart Points in your shopping cart (in bottom part on the left).
Thank you for taking your time to read our Terms & Conditions.
Terms & Conditions are valid from 10. 6. 2019 until further notice.
Information for Purchaser: in case of amendment of Terms & Conditions valid are those that were in force on the date of purchase.