Terms and conditions

These general terms and conditions for consumers (hereinafter referred to as the “ Terms and Conditions ”) apply to contracts concluded through the Akosua Essential online store located on the web interface www.akosua-essential.com (hereinafter referred to as the “ web interface ”) between

Ing. Pavlína Žižlavská, Company ID : 05208084
Kollarova 225/8, 697 01, Kyjov, Czech Republic

phone number: +420 775 047 222
contact email: hello@akosua-cosmetic.com

as the seller and you as the buyer .

INTRODUCTORY PROVISIONS

1.1 Summary of the content of the terms and conditions

By the purchase contract, we undertake to deliver the goods specified in the order to you and you undertake to take over these goods and pay us the purchase price. In order to conclude a contract, it is necessary for you to place an order and for it to be accepted by us (according to Article 2). Information on prices can be found in Article 3. Possible payment and delivery methods can be found in Articles 4 and 5. Information on the possibility of withdrawing from the contract after taking over the goods can be found in Article 6. Complaints are governed by our Complaints Procedure.

1.2 Is this a consumer contract?

A consumer contract is a contract if you are a consumer, i.e. if you are a natural person and you purchase goods outside the scope of your business activity or outside the scope of the independent performance of your profession. Otherwise, it is not a consumer contract and the General Terms and Conditions for Entrepreneurs and Legal Entities apply to you.

1.3 What governs our mutual rights and obligations?

First of all, the contract, which consists of the following documents:

  • these terms and conditions, which define our mutual rights and obligations;
  • The Complaints Procedure, according to which we will proceed when making complaints about goods;
  • The Privacy Policy, which governs the protection of your personal data;
  • the terms and conditions and instructions stated on the web interface, especially when concluding a contract;
  • the order and its acceptance by us,

and in matters not regulated by the contract, our mutual rights and obligations are governed by the Czech legal order, in particular the following legal regulations:

  • Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “ Civil Code ”);
  • Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).

If your place of residence or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law .

1.4 How do you agree to the terms and conditions?

By sending your order and confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.

1.5 What else should you know about the terms and conditions?

If any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that comes closest to its meaning will apply instead. This does not affect the validity of the other provisions.

We may change or amend the terms and conditions. Your rights and obligations are always governed by the terms and conditions under which they were effective. The terms and conditions may only be changed or amended in writing .

PURCHASE AGREEMENT

2.1 How do we conclude a purchase contract?

To conclude a contract, it is necessary for you to send an order in accordance with these terms and conditions and for this order to be accepted by us. Please note that the presentation of goods on the web interface is of an informative nature and does not constitute our proposal to conclude a contract within the meaning of Section 1732, paragraph 2 of the Civil Code .

2.2 How to place an order?

You can always place an order via the web interface (by filling out a form) or in another way that we allow according to the information on the web interface. The order must contain all the information prescribed in the form.

Before submitting your order via the order form, you will be provided with a summary of your order, including the final price (including all taxes, duties and fees). During the summary, you have the last opportunity to change the entered information .

You place a binding order by pressing the "SEND" button. We consider the data provided in the binding order to be correct and complete . Please inform us immediately of any changes by phone or e-mail.

2.3 Can you cancel or change an order that has already been sent?

You can cancel or change an order that we have not yet accepted by phone or e-mail. All orders accepted by us are binding. Later cancellation or changes to the order are only possible after agreement with us. If an order for goods for which withdrawal from the contract is not possible is cancelled in this way (for more details see Article 6), we are entitled to reimbursement of the costs that we have already incurred in connection with the contract.

2.4 How will you know that we have accepted your order and when the contract is concluded?

We will inform you about the receipt of your order. Information about the receipt of your order is sent automatically and does not constitute acceptance of the order on our part .

The purchase contract is concluded when you receive an acknowledgement of your order from us to the email address you provided in your order . If the order is not accepted, the contract is concluded when you receive the ordered goods.

2.5 Is it possible to obtain a contract in text form?

The documents forming the contract will be sent to you by email or, at your request, printed by post. When sending by post, we may ask you to pay the costs associated with this.

We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.

PRICE

3.1 Can the price on the web interface change?

If the price of the goods on the web interface or during the ordering process is no longer current, we will immediately notify you of this fact. However, accepted orders are not affected by a price change that occurred between the time the order was sent and its acceptance by us.

In the event that there was a completely obvious technical error on our part when stating the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at this completely obvious incorrect price due to the appearance of our legal action pursuant to Section 552 of the Civil Code, or due to a mistake pursuant to Section 571 of the Civil Code.

3.2 Can discounts on the price of goods be combined?

Any discounts on the price of goods cannot be combined with each other, unless otherwise expressly stated on the web interface.

PAYMENT TERMS

4.1 What payment methods do we accept?

You can pay the purchase price mainly in the following ways:

  • cashless before delivery of the goods by transfer to our bank account or via online payment card (instructions will be provided in the order confirmation).

Any other payment methods and any fees associated with some payment methods are listed on the web interface.

4.2 When is the purchase price due?

In the case of cash payment, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within five days of receipt of the order, the price is paid at the moment of crediting the relevant amount to our bank account. If we do not receive the price by the due date, we reserve the right to withdraw from the contract.

4.3 Can we request a deposit or payment in advance?

Please note that in accordance with §2119, paragraph 1 of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before they are shipped or handed over .

4.4 How do we issue receipts in connection with electronic sales records and tax documents?

By agreeing to these terms and conditions, you grant us your consent to issue a receipt in accordance with Act No. 112/2016 Coll., on sales records, as amended, and a tax document in electronic form.

DELIVERY TERMS

5.1 How do we ship the goods?

The methods of delivery of goods, including the cost of delivery, are listed on the web interface. You can choose the specific method of delivery of goods in the order.

The order will always include the final price, which already includes the costs of the selected shipping method.

5.2 When will we deliver the goods to you?

The delivery time of the goods always depends on their availability and on the chosen method of transport and payment. However, we cannot influence the delivery time of the goods by external carriers. In case of problems regarding the delivery time, please contact us and we will resolve the situation with the carrier.

We usually ship goods that are in stock within two business days of receiving the order, or after the payment is credited to our account (for non-cash payments).

We will ship out-of-stock items as soon as possible. We will inform you of the exact date.

Delivery of goods under these terms and conditions is understood to be the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this fact is not considered a failure to fulfill the obligation to deliver the goods on our part, nor a withdrawal from the contract on your part.

You acquire ownership of the goods upon payment of the full purchase price.

5.3 How to proceed when receiving the goods?

When receiving the goods, check that the packaging is intact . If you find any defects, immediately inform the carrier and us. If you refuse to accept a shipment with damaged packaging, this is not considered an unjustified rejection of the goods.

From the moment you take over the goods (or the moment you were obliged to take over the goods but failed to do so in breach of the contract), you become liable for any accidental destruction, damage or loss of the goods.

5.4 What happens if you do not take delivery of the goods?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than the agreed upon, you are obliged to pay the costs associated with such delivery .

If you fail to accept the goods without reason, we are entitled to compensation for the costs associated with the delivery and storage of the goods , as well as other costs incurred by us due to failure to accept the goods.

In the case of cash payment upon delivery of the goods or personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed to a self-help sale of the goods pursuant to Section 2126 of the Civil Code.

WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1 How can you withdraw from the contract?

As a consumer, you may withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods ; if the delivery is divided into several parts, from the date of receipt of the last delivery. This right does not apply to perishable products. We recommend that you send your notice of withdrawal from the purchase contract to our delivery address together with the goods or by e-mail and immediately send us the goods to our delivery address. You can use the sample form to withdraw from the contract.

6.2 What are the consequences of withdrawing from the contract?

By withdrawing from the contract, the contract is cancelled from the beginning and is regarded as if it had not been concluded.

If you were given a gift with the goods with your consent, the gift contract will cease to be effective if either party withdraws from the contract. You must send the gift back to us together with the returned goods.

6.3 How will you return the goods to us?

You are obliged to return the goods to us within 14 days of withdrawing from the contract to our delivery address, to any of our establishments or to the address of our registered office. Do not send the goods on delivery , we are not obliged to accept them in this way.

We recommend that you include the following with the returned goods:

  • a copy of the delivery note and invoice (if issued) or other document proving the purchase of the goods;
  • a written statement about withdrawal from the contract (on our form or otherwise) and the chosen method of refund.

Failure to submit any of the above documents does not prevent your withdrawal from the contract from being processed in accordance with the legal conditions.

6.4 When will you get your money back?

We will refund any money received to you within 14 days of your withdrawal from the contract. However, please note that we are not obliged to refund your money until you have returned the goods to us or proven that you have sent the goods back to us.

In addition to the purchase price, you are also entitled to a refund of the costs of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund the costs of delivering the goods in an amount corresponding to the cheapest method of delivery offered by us .

We will refund your money in the same way we received it (unless you notify us otherwise within ten days of withdrawing from the contract and no additional costs are incurred), or in the way you request.

You will pay the costs associated with sending the returned goods to our address, even if the goods cannot be returned by regular mail due to their nature .

6.5 What if the returned goods were damaged?

When sending, pack the goods in suitable packaging to prevent damage or destruction.

If we find that the goods you return are damaged, worn, dirty or partially consumed, you are liable to us for this reduction in the value of the goods .

6.6 When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

  • we have not received the purchase price from you by the due date or you have not taken delivery of the goods;
  • goods cannot be delivered under the original conditions for objective reasons (primarily because the goods are no longer produced, the supplier has stopped delivering to the Czech Republic, etc.);
  • performance becomes objectively impossible or unlawful.
  • The order is to be delivered outside the Czech Republic.
  • You selected the "free shipping" option on the web interface

If any of the above circumstances occur, we will immediately inform you of our withdrawal from the contract.

If you have already paid the purchase price in full or in part, we will refund the amount received within five days of withdrawal from the contract, by bank transfer to the account that you provide us with for this purpose or from which you made the payment.

RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising your rights arising from defective performance, we will proceed in accordance with our Complaints Procedure.

ADDITIONAL INFORMATION FOR CONSUMERS

8.1 What authorizations do we have to perform our activities?

We are authorized to sell goods based on a trade license. Our activities are not subject to any other licensing.

8.2 How do we handle complaints?

We handle any complaints via our contact email.

8.3 What are your rights in the event of a consumer dispute?

If you are a consumer and a dispute arises between us under the contract that we cannot resolve directly, you have the right to refer this dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz , www.adr.coi.cz ; electronic contact: adr@coi.cz ; telephone: +420 296 366 360) or to the Association of Czech Consumers, registered office (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz , electronic contact: spotrebitel@regio.cz , telephone: +420 495 215 266) for the purpose of out-of-court resolution of the consumer dispute. You can exercise this right no later than 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.

To file a complaint regarding goods or services you have purchased from us and to find an alternative dispute resolution entity, you can also use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/ .

COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

9.1 Is the content of the website protected by copyright?

The content of the websites located on the web interface (texts including terms and conditions, photographs, images, logos, software and others) is protected by our copyright or the rights of other persons. You may not change, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, making available photos and texts located on the web interface free of charge or for a fee is prohibited.

Product, goods, services, company and company names and designations may be registered trademarks of their respective owners.

9.2 Responsibility and use of the web interface

We are not responsible for errors resulting from third party interference with the web interface or from its use contrary to its intended purpose. When using the web interface, you may not use procedures that could disrupt the function of the system or place an unreasonable load on the system.

If you engage in any illegal or unethical conduct while using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In this case, you are further obliged to compensate us in full for any damage demonstrably caused by your conduct under this paragraph.

Please note that clicking on some links on the web interface may result in leaving the web interface and being redirected to third-party websites.

These terms and conditions are valid and effective from 1.1.2025