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Terms and Conditions

TERMS AND CONDITIONS 

27ASCENT s.r.o.

  1. Introductory Provisions
    1. These terms and conditions (Terms and Conditions) regulate the terms and conditions for the provision of services by 27ASCENT s.r.o., Id. No.: 10663045, with its registered office at Nyklíčkova 1014/26, Jinonice, 158 00 Praha 5 (Provider) for the Customer and thus constitute, within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (Civil Code), an integral part of the Purchase Agreement (Agreement) concluded between the Provider and the Customer in the Czech or English language.  
    2. The Provider is the provider of the Internet application, which is accessible at the Internet address https://27ascent.com (E-shop). The E-shop is mainly used for ordering goods that the Provider offers at a given moment in the E-shop interface (Goods). The presentation of the Goods in the E-shop does not constitute a legally binding offer. The E-shop is a non-binding online catalog, which is merely an offer for the Customer to place a binding order for the Goods. The Provider is not obliged to conclude a purchase agreement over the Goods. 
  2. Conclusion of the Agreement 
    1. Ordering the Goods by the Customer is carried out by the Customer marking the selected Goods in the E-shop (by clicking on the “add to cart” button), filling in the correct data in the order form, selecting the preferred delivery and payment method from the offered options and sending the order (by clicking on the “order” button) (Order). Before sending the Order, the Customer is allowed to check and, if necessary, modify the data in the Order. Upon receipt of the Order, the Provider shall immediately confirm the Order by email to the address provided by the Customer, thereby the Agreement between the Provider and the Customer is concluded. 
    2. The Customer acknowledges that the Provider is not obliged to conclude the agreement if the data in the order is incomplete, or the Customer is a person who has previously substantially breached their obligations to the Provider. The Provider further reserves the right not to accept an order in the event of an obvious typographical error regarding the price, description or image of the Goods displayed in the E-shop. 
    3. The Provider is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to ask the Customer for additional confirmation of the Order (for example, in writing or by telephone).
    4. The Customer agrees with the conclusion of the Agreement by remote means of communication. The costs of the means of remote communication are not charged by the Provider beyond the usual price and are borne by the Customer.
  3. Price of the Goods, payment and delivery 
    1. The Customer is obliged to pay the Provider for the Goods the price stated in the E-shop and the Order confirmation. The price of the Goods shall remain valid for as long as it is displayed in the E-shop. This provision does not limit the Provider’s ability to conclude an agreement on individually agreed terms (e.g. when custom-made goods are produced). 
    2. The prices of the Goods in the E-shop are inclusive of VAT, including all statutory charges. The delivery cost of the Goods varies according to the payment and delivery method chosen. 
    3. The Customer selects the methods of payment and delivery during the creation of the Order from the options offered in the E-shop and is obliged to bear the costs of these listed options. In the case of non-cash payment, the Goods will be sent to the Customer only after the payment of the full price. 
    4. The Provider may extend the delivery time stated in the Order confirmation for reasons not caused by the Provider. The Customer shall be informed of the extension of the delivery time at the e-mail address or telephone number provided in the Order. 
    5. If the Goods are not delivered to the Customer (or to a person designated by the Customer) for reasons on the Customer’s side (in particular failure to accept the Goods at the agreed time), the Customer is obliged to reimburse the costs associated with the repeated delivery of the Goods. 
    6. According to the Registration of Sales Act, the Provider is obliged to issue a receipt to the Customer. At the same time, the Provider is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within forty-eight hours at the latest. 
    7. A tax document – an invoice will be issued by the Provider to the Customer after payment of the price of the Goods and sent in an electronic form to the Customer’s e-mail address. In the case of receiving the Goods in the Provider’s store, depending on the agreement with the Customer, the invoice may be sent either by e-mail or handed over to the Customer in the store. 
    8. The risk of damage to the Goods passes to the Customer upon handing over the Goods to the carrier or upon personal delivery by taking over the goods by the Customer. Ownership passes to the Customer only upon full payment of the purchase price.  
  4. Additional information for consumers and withdrawal from the Agreement 
    1. The provisions of this Article apply only to the Agreement concluded between the Provider and the Customer who identifies as a consumer. 
    2. A consumer is any Customer – a natural person who concludes an Agreement with an entrepreneur (the Provider is the entrepreneur in this context) outside of the scope of the Customer’s business activity or outside of the scope of the independent exercise of the Customer’s profession. 
    3. The Customer has the right to withdraw from the Agreement without giving any reason within 14 days from the date of receiving the Goods. Withdrawal from the Agreement must be demonstrably delivered to the Provider at the delivery or e-mail address. Upon delivery of the withdrawal from the Agreement made in accordance with this Article, the obligations arising from the Agreement shall be cancelled from the commencement date of the Agreement. The withdrawal from the Agreement must be sent to the Provider at least within the time limit specified in the first sentence of this Article. The Customer must exercise the right to withdraw from the Agreement by unilateral legal action against the Provider, e.g. by a letter sent via the post office, by e-mail to the below mentioned e-mail address, or by using the form in the E-shop. A sample text for withdrawal from the Agreement is available to the Customer: “I have decided to withdraw from the agreement dated DD.MM.RR, invoice number: ………., and I request a refund of the purchase price to the bank account number:  ……….” Date, name and signature. The Customer must hand over the Goods for shipment at least within fourteen days of withdrawal from the Agreement. 
    4. In particular, the Customer may not withdraw from the Agreement if it concerns a delivery of the Goods which:  (a) have been customized according to the Customer’s wishes or have been customized only for the Customer, (b) are perishable, as well as the Goods which have been irreversibly mixed with other Goods after delivery,  (c) have been removed from the sealed packaging by the Customer and cannot be returned due to hygienic reasons. 
    5. In the event of withdrawal from the Agreement, the Customer shall bear the costs associated with the return of the Goods if the Goods cannot be returned by the usual postal method due to their nature. 
    6. If the Customer withdraws from the Agreement, the Provider is not obliged to return the received funds to the Customer before the Customer has handed over the Goods to the Provider or proved that the Goods have been sent to the Provider. 
    7. The Customer must return the Goods complete, unused, with full documentation and accessories, undamaged, clean, and in their original packaging. The Customer acknowledges that if the returned Goods are damaged, worn out, etc., the Provider shall be entitled to compensation from the Customer for any caused damage. The Provider is entitled to unilaterally set off the claim for payment of the damage against the Customer’s claim for a refund of the purchase price. 
    8. The Customer acknowledges that a cleaning product is supplied with the Goods – the aroma lamp, together with a description of how to use this cleaning product. The Provider hereby warns the Customer that improper use of the cleaning product may endanger the Customer’s life and health. The Customer acknowledges and agrees that they have been adequately informed of the safety precautions for the use of the cleaning product and are personally responsible for its proper use. 
    9. The Customer acknowledges that the Goods – perfumes are not intended for consumption. Also, the perfumes should not be used on sensitive or irritated skin and contact of perfume with eyes should be avoided. 
  5. Liability for defects 
    1. The Customer’s rights arising from defective performance are governed by the relevant provisions of the Civil Code. 
    2. The Provider shall be liable to the Customer for the Goods being free from defects upon receipt. In particular, the Provider shall be liable to the Customer that at the time the Customer accepted the Goods:  (a) the Goods have the characteristics specified in the E-shop, (b) the Goods are delivered in the agreed quantity, measure or weight, (c) the Goods comply with legal requirements.
    3. For the avoidance of doubt, the Provider states that the perfumes sold by the Provider in the E-shop may have clouding, which is natural and cannot be considered as a defect. 
    4. As soon as the Customer discovers a defect, the Customer shall notify the Provider without undue delay and shall hand over the Goods to the Provider or store them according to the Provider’s instructions or otherwise deal with them appropriately so that the defect can be examined. 
    5. If a defect becomes apparent within 6 months of receipt, the Goods shall be deemed to have defective upon receipt. 
    6. If the defective performance is a material breach of the Agreement, the Customer shall be entitled:  (a) to remedy the defect by delivery of new Goods without defect or delivery of the missing Goods,  (b) to have the defect removed by repairing the Goods,  (c) to a reasonable discount, (d) to withdraw from the Agreement. 
    7. The Customer shall be entitled to delivery of new and defect-free Goods only if this is reasonable due to the nature of the defect and at the same time the Goods have not been modified according to the Customer’s wishes. If the defect relates only to an accessory of the Goods, the Customer may require only replacement of such accessory. 
    8. The Customer shall inform the Provider of the method of the defect resolution chosen by the Customer when notifying the defect or without undue delay thereafter. The Customer cannot change the choice made without the Provider’s consent; this does not apply if the Customer has requested the repair of a defect that proves to be irreparable. If the Provider fails to remedy the defects within a reasonable time or notifies the Customer that the Provider will not remedy the defect, the Customer may demand a reasonable discount instead of remedying the defect or may withdraw from the Agreement. If the Customer fails to exercise their rights in time, they shall have the rights under the following paragraph. 
    9. If the defective performance is a minor breach of the Agreement, the Customer shall be entitled to have the defect remedied or to a reasonable discount. As long as the Customer does not exercise the right to a discount or does not withdraw from the Agreement, the Provider may supply what is missing or remedy the legal defect. Other defects may be remedied at the Provider’s choice, either by repairing or supplying new Goods; the choice must not cause unreasonable costs to the Customer. If the Provider fails or refuses to remedy a defect in the Goods on time, the Customer may demand a discount or may withdraw from the Agreement. The Customer may not change the choice once made without the Provider’s consent. 
    10. The Customer shall be liable to the Provider for any decrease in the value of the Goods resulting from handling of the Goods in a manner different from what is required by their nature and characteristics.  
    11. The Customer may claim defects in the consumer Goods within 24 months of their receipt. However, if the Goods have a specified time period (i.e. best before) for which the Goods may be used, the date stated on the packaging shall be decisive for the expiry of the warranty period. 
    12. The procedure for exercising rights arising from the defective performance and other complaints shall be governed by the rules of communication under these Terms and Conditions. 
  6. Protection of personal data 
    1. In order to provide services to Customers, the Provider must process certain personal data. Details are set out in the Privacy Policy available here / in the E-shop. 
  7. Rules of communication
    1. Contact details of the Provider:  (a) e-mail address: info@27ascent.com (b) address for delivery: Újezd 409/19, Praha 1, 11800 (c) phone number: +42075442727
    2. The primary method of communication between the Provider and Customer is e-mail (exclusively via the above e-mail address). If the Customer communicates with the Provider via the postal services (and only via the above delivery address), the Customer bears the cost of such communication, and the Provider reserves the right to respond via email if an e-mail address is provided by the Customer.  
  8. Final provisions 
    1. These Terms and Conditions may be amended by the Provider at any time. The Provider will inform the Customer of any change, in particular by e-mail or by directly publishing the new version of the Terms and Conditions in the E-shop. However, any changes shall not apply to already concluded Agreements. By submitting an Order, it is confirmed by the Customer that they have read the current version of the terms and Conditions and they agree with them. 
    2. The Provider reserves the right to change the characteristics of the Goods offered, including prices for the Goods. 
    3. All legal relations arising under or in connection with these Terms and Conditions, the conclusion of the Agreement, and any other use of the E-shop are governed by the laws of the Czech Republic, regardless of where the relevant legal action was taken. The general courts of the Provider shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with the Terms and Conditions or the Agreement. 
    4. If any provision of the Terms and Conditions is or becomes invalid or unenforceable, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the economic purpose of the invalid or unenforceable provision. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions. The invalidity or unenforceability of any provision only concerning a particular entity or group of entities shall not affect the validity and enforceability of those provisions concerning other entities. 
    5. If the dispute between the Customer – consumer and the Provider cannot be settled, the Customer – consumer may seek alternative dispute resolution with the Czech Trade Inspection Authority, which is the competent body for alternative dispute resolutions consumer disputes. The form and further information are available on the website of the Czech Trade Inspection Authority https://adr.coi.cz
    6. The Agreement, including the Terms and Conditions, is archived by the Provider in electronic form and is not accessible. 
    7. The Terms and Conditions become effective on the date of their publication in the E-shop. 

Publishing date: 21st December 2021