General Terms and Conditions | BloomRose

These General Terms and Conditions (the “Terms”) of Bloomrose s.r.o., with its registered office at Dlouhá 3403/2b, 702 00 Ostrava – Moravská Ostrava, Company ID No. 29539552, registered in the Trade Register, email: info@bloomrose.cz (the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations between you, as the buyer, and us, as the Seller, arising in connection with or on the basis of a purchase contract (the “Contract”) concluded through the online shop at https://www.bloomrose.cz/.

All information concerning the processing of your personal data is contained in our Privacy Policy, available here: https://www.bloomrose.cz/podminky-ochrany-osobnich-udaju/.

These Terms form an integral part of the Contract. The Contract and the Terms are drawn up in Czech. We may unilaterally amend or supplement the Terms. This does not affect rights and obligations arising while a previous version of the Terms was in force.

We communicate primarily at a distance. Accordingly, the Contract is concluded using means of distance communication that allow us to reach an agreement without our simultaneous physical presence. The Contract is therefore concluded remotely in the online-shop environment through the website interface (the “Online-Shop Interface”).

If any provision of these Terms conflicts with a specific arrangement agreed during the purchasing process in our online shop, that specific arrangement takes precedence over these Terms.

DEFINITIONS

• Price means the amount payable for the Goods;
• Shipping Cost means the amount payable for delivery of the Goods, including packaging;
• Total Price means the sum of the Price and the Shipping Cost;
• VAT means value-added tax under applicable legislation;
• Invoice means a tax document issued for the Total Price in accordance with VAT legislation;
• Order means your binding proposal to conclude a Contract with us for the purchase of Goods;
• User Account means an account created on the basis of the information supplied by you, allowing that information and the history of ordered Goods and concluded Contracts to be stored;
• You means the person purchasing through our online shop, referred to by law as the buyer;
• Goods means anything that can be purchased through the online shop.

GENERAL PROVISIONS AND INFORMATION

1. Goods may be purchased only through the Online-Shop Interface.
2. When purchasing Goods, you must provide all information correctly and truthfully. We will consider the information supplied in the Order to be correct and truthful.
3. Our online shop also provides access to product reviews submitted by other consumers. We verify the authenticity of these reviews by linking them to specific orders. Our internal system therefore shows the corresponding order ID for each review, allowing us to verify and demonstrate that the review was submitted by a genuine customer.

CONCLUSION OF THE CONTRACT

1. The Contract with us may be concluded only in Czech.
2. The Contract is concluded remotely through the online shop. You bear the cost of using means of distance communication; however, these costs do not differ from the standard rates you normally pay for using such means, particularly internet access. We do not charge any additional costs beyond the Total Price. By submitting an Order, you agree to the use of means of distance communication.
3. To conclude the Contract, you must create an Order in the online shop. The Order must contain the following information:
   • details of the Goods being purchased, selected by clicking the “Add to cart” button;
   • information about the Price, Shipping Cost, payment method for the Total Price and requested delivery method. This information is entered during the ordering process, and the Price, Shipping Cost and Total Price are calculated automatically according to the selected Goods, delivery method and payment method;
   • identification and contact details needed to deliver the Goods, in particular your first name, surname, delivery address, telephone number and email address.
4. You may review and change the information entered in the Order until the Order is completed. After checking the details, you complete the Order by clicking the “Order with obligation to pay” button. Before clicking the button, you must confirm that you have read and agree to these Terms by selecting the relevant checkbox; otherwise, the Order cannot be completed. Once the button has been clicked, all completed information is sent directly to us.
5. We will acknowledge receipt of your Order as soon as possible by sending a message to the email address entered in the Order. The acknowledgement will include an Order summary and these Terms as an attachment. The version of the Terms effective on the Order date and attached to the acknowledgement forms an integral part of the Contract. The initial acknowledgement of the Order does not itself conclude the Contract. The Contract between you and us is concluded only upon our subsequent confirmation by email.
6. In some cases, we may be unable to confirm an Order, particularly if the Goods are unavailable or you order more units than we permit. The maximum permitted quantity will always be displayed in advance in the online shop. If we cannot confirm the Order for any reason, we will contact you and send you an amended offer. The Contract is then concluded when you accept that offer.
7. If an obviously incorrect Price is displayed in the online shop or in the Order, we are not obliged to supply the Goods at that Price, even if you have received an Order confirmation and the Contract has therefore been concluded. We will contact you without undue delay and send you an amended offer for a new Contract. The new Contract is concluded when you accept that offer. An obvious pricing error includes, for example, a Price that clearly differs from the usual price charged by other sellers or a Price in which a digit is missing or has been added.
8. Once the Contract is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you may place an Order through it. You must still check that all pre-filled information is correct, truthful and complete. The ordering process is otherwise the same as for a buyer without a User Account, but you do not need to repeatedly enter your identification details.
10. We may offer discounts on certain purchases. To apply a discount, enter the relevant discount details in the designated field when creating the Order. If the conditions are met, the discount will be applied to the Goods.

USER ACCOUNT AND PERSONAL DATA

1. After registering in the online shop, you may access your User Account.
2. When registering, you must provide correct and truthful information and update it whenever it changes.
3. Access to the User Account is protected by a username and password. You must keep these login details confidential and must not disclose them to anyone. We are not liable for their misuse.
4. The User Account is personal and may not be made available to third parties.
5. We may cancel your User Account, particularly if it has not been used for more than 12 months or if you breach your obligations under the Contract.
6. The User Account may not be continuously available, particularly because of required hardware or software maintenance.
7. All information provided by the buyer in dealings with the Seller is confidential and will be treated accordingly. Unless the buyer gives written consent, the Seller will use the buyer’s data only for performance of the Contract, except for the email address, to which commercial communications may be sent where permitted by law and unless the buyer expressly opts out. Such communications may concern only similar or related goods and may be unsubscribed from at any time in a simple manner, including by letter, email or the unsubscribe link in the communication. For this purpose, the email address will be retained for three years from conclusion of the most recent contract between the parties. Further information is available in our Privacy Policy: https://www.bloomrose.cz/podminky-ochrany-osobnich-udaju/.

PRICES, PAYMENT TERMS AND RETENTION OF TITLE

1. The Price is always displayed in the online shop, in the draft Order and in the Contract. If the Price displayed for the Goods in the online shop differs from the Price stated in the draft Order, the Price in the draft Order applies and will always be identical to the Price in the Contract. The draft Order also states the Shipping Cost and, where applicable, the conditions for free shipping. For certain products, particularly custom-made Goods, we may require an advance payment of 50%.
2. The Total Price includes VAT and all charges required by law.
3. Recycling contribution for electrical equipment: For products covered by Act No. 542/2020 Coll., on end-of-life products, the recycling contribution is included in the selling price. If the recycling contribution for a particular product is itemised separately, this will be stated on the tax document (invoice).
4. Payment of the Total Price is required after the Contract is concluded and before the Goods are handed over. The Total Price may be paid as follows:
   • Bank transfer. Payment details will be sent with the Order confirmation. The Total Price is due within three business days.
   • Online card payment. Payment is processed through the ComGate payment gateway and is subject to its terms, available at comgate.cz. The Total Price is due within three business days.
   • Cash on delivery. Payment is made when the Goods are delivered and is due upon receipt.
5. An electronic Invoice will be issued after payment of the Total Price and sent to your email address. It will also be available in the User Account.
6. Title to the Goods passes to you only after you have paid the Total Price and received the Goods. For a bank transfer, payment is made when the amount is credited to our account; for other payment methods, payment is made when the transaction is completed.

DELIVERY OF GOODS AND TRANSFER OF RISK

1. The Goods will be delivered no later than within 30 days using the method selected by you. The available options are:
   • collection from Zásilkovna pickup points;
   • delivery by PPL CZ or Zásilkovna;
   • delivery within the Czech Republic, Slovakia, Germany, Poland and Hungary.
2. Delivery time always depends on product availability and the selected delivery and payment methods. The estimated delivery time will be stated in the Order confirmation. Any delivery period stated in these Terms is indicative only and may differ from the actual delivery time.
3. Upon receipt of the Goods from the carrier, you must check that the packaging is intact. Any damage must be reported immediately to both the carrier and us. If the packaging shows signs of unauthorised handling or access to the parcel, you are not required to accept it from the carrier.
4. If you fail to accept the Goods, except in the cases referred to in Article 4 of these Terms, this does not constitute a breach of our obligation to deliver them. Failure to accept the Goods does not constitute withdrawal from the Contract. In such a case, however, we may withdraw from the Contract because of your material breach or store the Goods for a fee of CZK 100 per day. If we withdraw, the withdrawal takes effect on the day it is delivered to you. Withdrawal does not affect our right to payment of the Shipping Cost or to damages, where applicable.
5. If, for reasons on your side, the Goods have to be delivered repeatedly or by a method other than that agreed in the Contract, you must reimburse the costs associated with repeated delivery. Payment details will be sent to the email address specified in the Contract, and the costs are due within 14 days of delivery of that email.
6. Risk of damage to the Goods passes to you when you take possession of them. If you fail to accept the Goods, except in the cases referred to in Article 4 of these Terms, the risk passes when you had the opportunity to accept them but failed to do so for reasons on your side. From that moment, you bear all consequences associated with loss, destruction, damage or any other deterioration of the Goods.
7. If Goods were not shown as in stock and an indicative availability period was displayed, we will always inform you of:
   • an exceptional interruption in production, in which case we will provide a new expected availability date or inform you that the Goods cannot be supplied;
   • a delay in delivery from our supplier, in which case we will provide a new expected delivery date.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

1. We warrant that, when the risk of damage passes under Article 7 of these Terms, the Goods are free from defects and in particular that they:
   • correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability and other agreed characteristics;
   • are suitable for the purpose requested by you and accepted by us;
   • are supplied with the agreed accessories and instructions for use, including assembly or installation instructions;
   • are suitable for the purpose for which goods of the same kind are normally used;
   • possess the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, normally found in goods of the same kind and reasonably expected by you, taking into account public statements made by us or another person in the same contractual chain, particularly in advertising or labelling;
   • are supplied with accessories, including packaging, assembly instructions and other instructions for use that you may reasonably expect; and
   • correspond in quality or design to any sample or model provided before conclusion of the Contract.
2. Rights and obligations relating to defective performance are governed by applicable generally binding legislation, in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
3. If the Goods are defective, particularly if any condition under paragraph 1 is not met, you may notify us and exercise your rights arising from defective performance by sending an email or letter to the addresses stated in our identification details or in person at our operating premises at Kletné 84, 742 01 Suchdol nad Odrou. You may use the specimen claims form in Appendix No. 1. When making a claim, you must choose how you want the defect to be remedied. That choice may subsequently be changed only with our consent. We will handle the claim in accordance with the right you have exercised.
4. If the Goods are defective, you are entitled to:
   • removal of the defect by delivery of new Goods free from defects or by delivery of a missing part; or
   • removal of the defect by repair,
   • unless the selected remedy is impossible or, compared with the other remedy, disproportionately costly, taking into account in particular the significance of the defect, the value the Goods would have without the defect and whether the other remedy can be provided without significant inconvenience to you.
5. We may refuse to remedy a defect if doing so is impossible or disproportionately costly, particularly in view of the significance of the defect and the value the Goods would have without it.
6. You are also entitled to:
   • a reasonable reduction in the Price; or
   • withdrawal from the Contract,
   • if we refuse to remedy the defect or fail to remedy it in accordance with the law; the defect occurs repeatedly; the defect constitutes a material breach of the Contract; or it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to you.
7. You are not entitled to withdraw from the Contract if the defect is insignificant.
8. You have no rights arising from defective performance if you caused the defect yourself.
9. Normal wear and tear caused by ordinary use, or wear corresponding to the previous use of second-hand Goods, does not constitute a defect.
10. When you make a claim, we will issue a written acknowledgement stating:
    • the date on which the claim was made;
    • the content of the claim;
    • the remedy requested; and
    • your contact details for notification of the outcome.
11. Unless we agree on a longer period, we will remedy the defects and inform you of the outcome using the contact details provided within 30 days after receiving the claim. If this period expires without resolution, you may withdraw from the Contract or request a reasonable reduction in the Price.
12. We will inform you of the outcome by email and issue confirmation of the date and method of resolution. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove those costs, for example by receipts or proof of shipping charges. If the defect is remedied by supplying new Goods, you must return the original Goods to us, and we will bear the cost of return.
13. If you are acting as a business, you must notify and specify a defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
14. A consumer is any natural person who concludes the Contract outside the scope of their business activities. If a customer provides a Company ID number or if the circumstances indicate that the purchase relates to their business activities, for example because of the nature of the ordered Goods, email address or method of communication, we will regard that customer as a business.
15. If you are a consumer, you may exercise rights arising from defective performance in respect of a defect that occurs in consumer Goods within 24 months of receipt.
16. If you purchase the Goods as part of your business activities, we are liable only for defects present when the Goods were received. Rights arising from defective performance must be exercised without undue delay and no later than 12 months after receipt, unless otherwise agreed.

WITHDRAWAL FROM THE CONTRACT

1. The Contract may be withdrawn from, thereby terminating the contractual relationship between you and us from the outset, on the grounds and in the manner set out in this section or in other provisions of these Terms that expressly allow withdrawal.
2. If you are a consumer, meaning a person purchasing Goods outside the scope of your business activities, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days after conclusion of the Contract or, in the case of a purchase of Goods, within 14 days after receiving them. If the Contract concerns several items or delivery in several parts, the period starts on the day the final item or part is delivered. If the Contract provides for regular and repeated delivery, the period starts on the day the first delivery is received.
3. You may withdraw from the Contract by any demonstrable method, particularly by sending an email or letter to the addresses stated in our identification details. You may also use the specimen withdrawal form in Appendix No. 2.
4. Even as a consumer, you may not withdraw from the Contract where the subject matter falls within any of the exceptions specified in Section 1837 of the Civil Code.
5. The withdrawal period under paragraph 2 is observed if you send us notice of withdrawal before the period expires.
6. If you withdraw under paragraph 2, you must send the Goods back to us within 14 days after withdrawal and bear the associated return costs. You are entitled to reimbursement of the Shipping Cost, but only up to the cost of the least expensive delivery method we offered for the Goods. If you withdraw because we breached the Contract, we will also bear the return cost, again only up to the amount corresponding to the least expensive delivery method we offered when delivering the Goods.
7. Following withdrawal, the Price will be refunded within 14 days after the withdrawal takes effect, to the account from which it was paid or to an account specified in the notice of withdrawal. We will not issue the refund before receiving the Goods or before you provide proof that the Goods have been sent back to us. Please return the Goods clean and, where possible, in their original packaging.
8. If you withdraw under paragraph 2, you are liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functionality, that is, beyond the handling that would normally be possible in a physical shop. If we have not yet refunded the Price, we may set off our claim arising from this reduction in value against your claim for a refund.
9. We may withdraw from the Contract at any time before delivering the Goods if objective reasons make delivery impossible, particularly reasons involving third parties or the nature of the Goods, even before expiry of the period stated in Article 1 of these Terms. We may also withdraw if it is apparent that you intentionally supplied incorrect information in the Order. If you purchase the Goods as part of your business activities, we may withdraw from the Contract at any time without giving a reason.

CONSUMER DISPUTE RESOLUTION

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.
2. Consumer complaints are handled through info@bloomrose.cz. We will send information about the outcome of a complaint to the buyer’s email address.
3. The Czech Trade Inspection Authority is the competent entity for out-of-court resolution of consumer disputes arising from the Contract. Its registered office is at Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, website: https://www.coi.cz.

FINAL PROVISIONS

1. If the legal relationship between you and us contains an international element, for example if we send Goods outside the Czech Republic, it will be governed by the law of the Czech Republic. If you are a consumer, this choice of law does not affect any rights granted to you by otherwise applicable mandatory legislation.
2. All written correspondence between you and us will be delivered by email. Our email address is stated in our identification details. We will send correspondence to the email address stated in the Contract or User Account, or to the address from which you contacted us.
3. The Contract may be amended only by written agreement between us. We may amend and supplement these Terms, but any change will not affect Contracts already concluded and will apply only to Contracts concluded after the amended Terms take effect.
4. We are not liable for damage caused by or in connection with force majeure or unforeseeable events, including natural disasters, pandemics, operational failures or supplier outages. If a force-majeure event continues for more than 10 days, both you and we may withdraw from the Contract.
5. These Terms include a specimen claims form and a specimen withdrawal form as appendices.
6. The Contract, including these Terms, is archived by us electronically but is not directly accessible to you. You will always receive these Terms and the Order confirmation containing an Order summary by email, and will therefore have access to the Contract without further assistance from us. We recommend saving the Order confirmation and the Terms.

PROFESSIONAL PRODUCTS – IMPORTANT NOTICE

Some products offered through our online shop, particularly eyelash adhesives, removers, bonders and other chemical products, are intended exclusively for professional use by trained specialists in eyelash and cosmetic services. These products may contain substances that are not permitted for consumer use under applicable European Union legislation, including Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP).

By purchasing these products, the customer confirms that they:

• are a professional in the relevant field, such as a lash artist, beautician or trainer;
• have received professional training in the use of these products; and
• understand that the products are not intended for home or non-professional use.

Bloomrose s.r.o. is not liable for improper use of these products or for their use by persons without the required professional qualifications. If you are unsure, please contact us before purchasing.

These Terms and Conditions take effect on 1 August 2026.

Appendix No. 1 – Claims Form

Recipient: Bloomrose s.r.o., Kletné 84, 742 01 Suchdol nad Odrou, Czech Republic (delivery address of the operating premises)

Making a claim

• Date of conclusion of the Contract:

• Full name:

• Address:

• Email address:

• Goods subject to the claim:

• Description of defects:

• Requested method of resolving the claim:

I also request written confirmation of the claim, stating when I exercised this right, the content of the claim, the requested method of resolution and my contact details for the purpose of receiving information about the outcome.

Date: ____________________      Signature: ____________________

Appendix No. 2 – Contract Withdrawal Form

Recipient: Bloomrose s.r.o., Kletné 84, 742 01 Suchdol nad Odrou, Czech Republic (delivery address of the operating premises)

I hereby declare that I withdraw from the Contract:

• Date of conclusion of the Contract:

• Full name:

• Address:

• Email address:

• Description of the Goods to which the Contract relates:

• Preferred method for refunding the funds received, including the bank account number where applicable:

If the buyer is a consumer and ordered Goods through the online shop of Bloomrose s.r.o. (the “Company”) or another means of distance communication, the buyer has the right, except in the cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the concluded purchase contract within 14 days after conclusion of the contract or, in the case of a purchase of Goods, within 14 days after receiving them. If the contract concerns several items or delivery in several parts, the period starts on the day the final item or part is delivered. If the contract provides for regular and repeated delivery, the period starts on the day the first delivery is received.

The buyer must notify the Company of withdrawal in writing at the address of the Company’s operating premises or electronically at the email address stated in this specimen form.

If a consumer withdraws from the purchase contract, the consumer must send or hand over the Goods received from the Company without undue delay and no later than 14 days after withdrawal.

If a consumer withdraws from the purchase contract, the Company will refund, without undue delay and no later than 14 days after withdrawal, all funds received from the consumer under the purchase contract, including the purchase price of the delivered Goods and delivery costs, using the same payment method. If the buyer selected a delivery method other than the least expensive method offered by the Company, the Company will reimburse delivery costs only up to the amount corresponding to the least expensive offered delivery method. The Company is not required to issue the refund before receiving the Goods or before the buyer provides proof that the Goods have been sent back to the Company.

Date: ____________________      Signature: ____________________