Terms and Conditions
These General Terms and Conditions (“Terms”) of PSK Cosmetic s.r.o., registered at Pardubická 327, 53701, Chrudim, Company ID No. 08875901, registered in the Commercial Register under File No. C 45256 at the Regional Court in Hradec Králové, email: info@blackfinstore.cz, phone number: +420 724192735 (“We” or “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between you, as the buyer, and us, as the seller, arising in connection with or based on a purchase agreement (“Agreement”) concluded via the E-shop on the website www.blackfinstore.cz.
All information regarding the processing of your personal data is contained in the document Privacy Policy, which can be found at: https://www.blackfinstore.cz/en/ochrana-osobnich-udaju/
The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are available in Czech and English. We may unilaterally amend or supplement the Terms. This provision does not affect rights and obligations arising during the validity of previous versions of the Terms. In the event of any conflict in interpretation, the Czech version shall prevail.
As you are aware, our communication is primarily conducted remotely. Therefore, our Agreement is also concluded using remote communication methods, allowing us to agree without our physical presence, making the Agreement a distance contract established through the E-shop's website interface (“E-shop web interface”).
If any part of the Terms contradicts what we mutually agreed upon during the purchase process on our E-shop, that specific agreement shall take precedence over the Terms.
1. Definitions
1.1. Price is the monetary amount you will pay for the Goods;
1.2. Shipping Price is the monetary amount you will pay for the delivery of the Goods, including the cost of packaging;
1.3. Total Price is the sum of the Price and the Shipping Price;
1.4. VAT is the value-added tax in accordance with applicable legal regulations;
1.5. Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
1.6. Order is your irrevocable proposal to conclude a Purchase Agreement for the Goods with Us;
1.7. User Account is an account created based on the data you provide, allowing the storage of entered data and the history of ordered Goods and concluded Agreements;
1.8. You are a person purchasing from Our E-shop, legally referred to as the buyer;
1.9. Goods refer to all items available for purchase on the E-shop.
2. General Provisions and Notices
2.1. The purchase of Goods is only possible through the web interface of the E-shop.
2.2. When purchasing Goods, you are required to provide Us with all information correctly and truthfully. We will therefore consider the information you provided when placing the Order to be correct and truthful.
3. Conclusion of the Agreement
3.1. The Agreement with Us can only be concluded in Czech or English. In case of any conflict in interpretation, the Czech version shall prevail.
3.2. The Agreement is concluded remotely through the E-shop, and you bear the costs of using remote communication means. However, these costs do not differ from the standard rate you pay for using such means (mainly internet access), and no additional costs beyond the Total Price will be charged by Us. By placing an Order, you agree that remote communication means are used.
3.3. To conclude the Agreement, you must create an Order proposal on the E-shop. This proposal must include the following details:
3.3.a) Information about the purchased Goods (you select the Goods you wish to buy on the E-shop by clicking the "Add to cart" button);
3.3.b) Information about the Price, Shipping Price, payment method for the Total Price, and the requested delivery method of the Goods. These details will be entered during the creation of the Order proposal within the E-shop's user interface, where the Price, Shipping Price, and Total Price will be displayed automatically based on your selected Goods and delivery method;
3.3.b.1. If it is not possible to determine the Shipping Price at the time of creating the Order (usually for international shipments), a proposal will be sent to you via email after the calculation outside the E-shop system. The Order will be considered binding only after your approval of this proposal.
3.3.c) Your identification and contact details needed for delivery of the Goods, including your name, surname, delivery address, phone number, and email address;
3.3.d) In the case of an Agreement under which We will supply Goods to you regularly and repeatedly, also information about the duration of such supply.
3.4. During the creation of the Order proposal, you can change and check the details until the Order is finalized. After reviewing the details, you place the Order by clicking the button that submits the Order. By clicking the button, you confirm that you have read and agree to these Terms. The Order is confirmed and agreed upon once it is submitted. After submission, all entered details will be sent directly to Us.
3.5. We will confirm your Order as soon as possible after its receipt by sending a message to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. By submitting your Order, you conclude the Agreement between Us and You. The Terms effective on the Order date form an integral part of the Agreement.
3.5.a) If any Order parameters require approval (usually for international shipments) that need to be modified outside the E-shop Order process, the Order becomes binding only after you confirm these conditions.
3.6. There may be situations where We are unable to confirm your Order. This mainly includes cases where the Goods are unavailable or when you order a higher quantity of Goods than We can supply. Information about the maximum number of Goods allowed per order will always be provided within the E-shop, so it should not be surprising to you. If any reason prevents Us from fulfilling an Agreement based on your Order, We will contact you and send you a revised proposal. This may include cases of large bulk orders where, to avoid later disputes or misunderstandings (detailed in Article 7 of these Terms) regarding product specifications, We may require confirmation and approval of a sample product to confirm weight, color, print size, placement, etc. The Agreement is concluded once you confirm Our revised proposal.
3.7. If the E-shop or Order proposal contains an obviously incorrect Price, We are not obliged to supply the Goods at that Price, even if you have received an Order confirmation. In such cases, We will contact you without delay and send you a revised proposal. The Agreement is concluded once you confirm Our revised proposal. If you do not confirm Our revised proposal within 3 days of its dispatch, We are entitled to withdraw from the Agreement. An obvious pricing error includes cases where the Price significantly deviates from the usual market price, or a digit is missing or incorrectly added.
3.8. By submitting the Order, you commit to paying the Total Price.
3.9. If you have a User Account, you can place an Order through it. However, you are still required to verify the accuracy, truthfulness, and completeness of the pre-filled information. The Order creation process remains the same as for buyers without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.
3.10. In some cases, We may offer a discount for purchasing Goods. To receive the discount, you must enter the discount information in the designated field during the Order proposal. If you do so, the discount will be applied to your purchase.
4. User Account
4.1. Based on your registration within the E-shop, you can access your User Account.
4.2. When registering a User Account, you are required to enter all provided information correctly and truthfully and update them in case of any changes.
4.3. Access to the User Account is secured by a username and password. You are responsible for keeping these credentials confidential and not sharing them with anyone. In case of misuse, we bear no responsibility.
4.4. The User Account is personal, and you are not authorized to allow third parties to use it.
4.5. We may cancel your User Account, especially if you do not use it for more than 12 months or if you violate your obligations under the Agreement.
4.6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software equipment.
5. Pricing and Payment Terms, Retention of Ownership
5.1. The price is always stated within the E-shop, in the Order Proposal, and, of course, in the Agreement. In case of a discrepancy between the Price of Goods listed in the E-shop and the Price in the Order Proposal, the Price in the Order Proposal shall apply, which will always be identical to the price in the Agreement. The Order Proposal also includes the price for delivery or conditions under which delivery is free.
5.2. The total price is listed, including VAT and all fees required by law.
5.3. We will require payment of the Total Price after the Agreement is concluded and before the Goods are handed over. You can make the payment using the following methods:
5.3.a) Online by card. In this case, the payment is processed through the Shoptet Pay payment gateway, subject to its terms and conditions available at: Shoptet Pay Terms. For online card payments, the Total Price is due at the moment of ordering the Goods.
5.3.b) Cash on delivery. In this case, payment is made upon delivery of the Goods. For cash-on-delivery payments, the Total Price is due upon receipt of the Goods.
5.3.c) Cash upon personal pickup. Payment in cash is possible when picking up the Goods at our establishment. In this case, the Total Price is due at the time of collection.
5.3.d) Bank transfer. Payment is made by bank transfer to our account 320134809/0300 at ČSOB, including a variable symbol for order identification. The Goods will be dispatched as soon as we receive the payment.
5.4. An invoice will be issued electronically after the Total Price is paid and sent to your email address. The invoice will also be physically included with the Goods and available in the User Account.
5.5. Ownership of the Goods transfers to you only after you have paid the Total Price and received the Goods. In the case of a bank transfer, the Total Price is considered paid once credited to our account; in other cases, it is paid at the moment of transaction completion.
6. Delivery of Goods, Transfer of Risk
6.1. The Goods will be delivered in a manner of your choice from the following options:
6.1.a) Personal pickup at our establishment listed in our store locations;
6.1.b) Personal pickup at Zásilkovna pickup points;
6.1.c) Delivery via shipping companies Česká pošta, PPL CZ, DPD, or Zásilkovna.
6.2. Currently, delivery is available only within the Czech Republic. If you are interested in international delivery, we will first send you a pricing proposal for shipping via email, and the order will be considered binding only after you approve this proposal.
6.3. The delivery time of the Goods depends on their availability and the selected delivery and payment method. The estimated delivery time will be communicated in the Order Confirmation. In the case of personal pickup, we will always notify you via email when the Goods are ready for collection.
6.4. Upon receiving the Goods from the carrier, it is your responsibility to check the integrity of the packaging and immediately report any defects to the carrier and us. If the packaging is damaged in a way that indicates unauthorized handling or tampering, you are not obliged to accept the Goods from the carrier.
6.5. If you fail to accept the Goods, except in cases under Clause 6.4, it does not mean we have breached our obligation to deliver the Goods to you. Additionally, your failure to accept the Goods does not constitute withdrawal from the Agreement. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of contract. If we exercise this right, the withdrawal becomes effective on the day we notify you. This withdrawal does not affect our right to claim payment for delivery costs or compensation for any incurred damages.
6.6. If the Goods need to be redelivered or delivered by a different method due to reasons on your part, you are required to cover the costs associated with this redelivery. We will send you payment details for these costs to your email address provided in the Agreement, and they are due within 14 days from the email’s delivery.
6.7. The risk of damage to the Goods transfers to you at the moment you take possession of them. If you do not accept the Goods, except in cases under Clause 6.4, the risk of damage transfers to you at the moment you had the opportunity to take possession but failed to do so due to reasons on your part. The transfer of risk means that from that moment, you bear all consequences related to the loss, destruction, damage, or depreciation of the Goods.
6.8. If the Goods were not listed as in stock in the E-shop and an estimated availability time was provided, we will always inform you in the event of:
6.8.a) An unexpected production outage, in which case we will notify you of the new estimated availability period or inform you if the Goods cannot be delivered;
6.8.b) A delay in delivery from our supplier, in which case we will notify you of the new expected delivery time.
6.9. If we are unable to deliver the Goods within 30 days after the expected delivery period stated in the Order Confirmation for any reason, both you and we have the right to withdraw from the Agreement.
7. Rights from Defective Performance
7.1. We guarantee that at the time the risk of damage to the Goods transfers in accordance with Article 6.7 of the Terms, the Goods are free of defects, particularly that:
7.1.a) they have the properties we have agreed upon with you, or if not explicitly agreed, the properties we have described in the Goods' description or those that can be expected given the nature of the Goods;
7.1.b) they are suitable for the purposes we have stated or for the purposes that are typical for Goods of this kind;
7.1.c) they match the quality or design of an agreed sample if the quality or design was determined according to a sample;
7.1.d) they are in the appropriate quantity and weight;
7.1.e) they comply with the legal requirements imposed on them;
7.1.f) they are not subject to third-party rights due to reasons on our part.
7.2. The rights and obligations regarding rights from defective performance are governed by the applicable generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. If the Goods have a defect, meaning particularly if any of the conditions in Article 7.1 are not met, you may notify us of such a defect and assert rights from defective performance (i.e., file a complaint about the Goods) by sending an email or a letter to our addresses listed in our identification details. You may also use the sample complaint form we provide, which forms Annex No. 1 of the Terms. When asserting rights from defective performance, you must choose how you wish the defect to be resolved, and this choice cannot be changed later without our consent, except in cases described in Article 7.4. We will handle the complaint in accordance with the right you have asserted. If you do not specify how you want the defect to be resolved, you have the rights stated in Article 7.5 even in cases where the defective performance was a substantial breach of the Contract.
7.4. If the defective performance constitutes a substantial breach of the Contract, you have the following rights:
7.4.a) to have the defect remedied by delivery of new Goods free of defects or by delivery of the missing part of the Goods;
7.4.b) to have the defect remedied by repair of the Goods;
7.4.c) to receive a reasonable discount on the Price;
7.4.d) to withdraw from the Contract.
If you choose a remedy under points a) or b) and we do not remedy the defect within the reasonable period we have specified, or if we inform you that we will not remedy the defect in this manner, you have the rights under points c) and d), even if you did not originally request them when filing the complaint. Additionally, if you choose to have the defect remedied by repair and we determine that the defect is irreparable, we will inform you of this, and you may choose an alternative remedy.
7.5. If the defective performance constitutes a minor breach of the Contract, you have the following rights:
7.5.a) to have the defect remedied by delivery of new Goods free of defects or by delivery of the missing part of the Goods;
7.5.b) to have the defect remedied by repair of the Goods;
7.5.c) to receive a reasonable discount on the Price.
However, if we do not remedy the defect in time or refuse to do so, you have the right to withdraw from the Contract. You may also withdraw if the Goods cannot be properly used due to recurring defects after repair or due to a larger number of defects.
7.6. In cases of both substantial and minor breaches, you cannot withdraw from the Contract or demand the delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
7.6.a) if the change in the condition of the Goods resulted from an inspection to determine the defect;
7.6.b) if the Goods were used before the defect appeared;
7.6.c) if the impossibility of returning the Goods in an unchanged condition was not caused by your actions or negligence;
7.6.d) if you sold, consumed, or altered the Goods in the course of normal use before discovering the defect; however, if this occurred only partially, you must return the part of the Goods that can still be returned, and in such cases, the corresponding portion of the Price will not be refunded to you.
7.7. Within 3 days of receiving your complaint, we will confirm via email that we have received it, when we received it, and the estimated time for handling the complaint. We will process the complaint without undue delay, but no later than 30 days from its receipt. This period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Contract.
7.8. We will inform you about the resolution of the complaint via email. If the complaint is justified, you are entitled to reimbursement of reasonable costs incurred. You must provide proof of these costs, such as receipts or confirmations of transportation costs. If the defect was remedied by delivering new Goods, you must return the original Goods to us, and we will cover the return shipping costs.
7.9. If you are a business entity, you are required to notify and assert a defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
7.10. If you are a consumer, you have the right to assert rights from defective performance for defects that appear in consumer Goods within 24 months of receiving the Goods.
7.11. The provisions regarding rights from defects do not apply in the following cases:
7.11.a) for Goods sold at a lower Price due to a defect for which the lower Price was agreed upon;
7.11.b) for wear and tear of the Goods caused by normal use;
7.11.c) for used Goods in relation to defects corresponding to the level of use or wear they had when you received them;
7.11.d) where it follows from the nature of the Goods;
7.11.e) if the Goods were used contrary to the recommendations provided with them.
8. Withdrawal from the Contract
8.1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manners specified in this article or in other provisions of the Terms where the possibility of withdrawal is explicitly stated.
8.2. If you are a consumer, meaning a person purchasing Goods outside the scope of their business activities, you have the right, in accordance with Section 1829 of the Civil Code, to withdraw from the Contract without providing any reason within 14 days from the date of delivery of the Goods. If we have concluded a Contract for multiple types of Goods or delivery of multiple parts of the Goods, this period begins from the date of delivery of the last part of the Goods. In the case of a Contract under which we will deliver Goods to you regularly and repeatedly, the period begins on the date of delivery of the first shipment. You may withdraw from the Contract by any verifiable means (particularly by sending an email or letter to Our contact addresses specified in Our identification details). You may also use the sample withdrawal form provided by Us, which is attached as Annex No. 2 to the Terms.
8.3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
8.3.a) Goods whose Price depends on fluctuations in the financial market beyond Our control and which may occur within the withdrawal period;
8.3.b) Goods that have been customized according to Your request or made specifically for You;
8.3.c) Goods that are perishable or have been irreversibly mixed with other goods after delivery;
8.3.d) Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygiene reasons;
8.3.e) The supply of an audio or video recording or computer software, if the original packaging has been unsealed.
8.4. The withdrawal period under Article 8.2 of the Terms is considered met if You send Us a notice of withdrawal within this period.
8.5. In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was received, or to an account specified in the withdrawal notice. However, the amount will not be refunded before You return the Goods to Us or provide proof that You have sent them back. Please return the Goods to Us in a clean condition, preferably in their original packaging.
8.6. If You withdraw from the Contract under Article 8.2 of the Terms, You are obliged to send the Goods back to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. You are, however, entitled to a refund of the delivery costs, but only up to the amount corresponding to the cheapest offered shipping method available for the delivery of the Goods. If You withdraw due to Our breach of the Contract, We will also cover the costs of returning the Goods to Us, again only up to the amount corresponding to the cheapest offered shipping method.
8.7. You are liable for any damage to the Goods resulting from handling them in a manner other than what is necessary given their nature and properties. Any damages will be invoiced to You once the Goods are returned to Us, and the invoiced amount will be due within 14 days. If We have not yet refunded the Price, We are entitled to offset the claim for damages against Your claim for a refund of the Price.
8.8. We are entitled to withdraw from he Contract at any time before delivering 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 inherent to the nature of the Goods), even before the period specified in Article 6.9 of the Terms expires. We may also withdraw from the Contract if it is evident that You provided deliberately incorrect information in the Order. If You are purchasing Goods as part of Your business activities, i.e., as an entrepreneur, We are entitled to withdraw from the Contract at any time without providing a reason.
9. Consumer Dispute Resolution
9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
9.2. We handle consumer complaints via the email address info@blackfin.cz. Information regarding the resolution of a complaint will be sent to the buyer's email address.
9.3. The Czech Trade Inspection Authority (Česká obchodní inspekce), located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: www.coi.cz, is the competent authority for out-of-court consumer dispute resolution arising from the Contract. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and a buyer who is a consumer in connection with a purchase contract concluded via electronic means.
9.4. The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika), located at Štěpánská 567/15, 120 00 Prague 2, website: www.evropskyspotrebitel.cz, serves as the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
10. Final Provisions
10.1. If our legal relationship includes an international element (e.g., if we ship Goods outside the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights arising from applicable legal regulations.
10.2. All written correspondence with you will be delivered via email. Our email address is specified in our identification details. We will send correspondence to your email address provided in the Contract, in your User Account, or through which you have contacted us.
10.3. The Contract may only be amended by our written agreement. However, we are entitled to modify and supplement these Terms, but such changes will not affect Contracts that have already been concluded, only those concluded after the changes take effect. We will inform you about any changes only if you have a User Account (so that you are aware of them when placing new Orders, but this does not create a right to terminate the agreement since there is no ongoing Contract that could be terminated) or if we are regularly and repeatedly supplying Goods to you under the Contract. We will notify you of any changes via email at least 14 days before they take effect. If we do not receive a termination notice from you within 14 days of sending the change notification, the new Terms will become part of our Contract and will apply to the next delivery of Goods after the changes take effect. If you choose to terminate the Contract, the notice period is two months.
10.4. In cases of force majeure or unforeseen events (such as natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for any damages caused as a result of or in connection with such force majeure events. If a force majeure situation lasts longer than 10 days, both you and we have the right to withdraw from the Contract.
10.5. The Terms include a sample complaint form and a sample contract withdrawal form as attachments.
10.6. The Contract, including these Terms, is stored electronically by us but is not accessible to you. However, you will always receive these Terms and an Order confirmation with an Order summary via email, ensuring you have access to the Contract without our involvement. We recommend saving the Order confirmation and the Terms.
10.7. These Terms take effect on January 1, 2023.
