How to shop

Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are prepared in the Czech language. The Purchase Agreement can be concluded in the Czech language.

The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

Based on buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can perform orders (hereinafter referred to as the “user account”). If the web interface of the store allows, the buyer can also order goods without registration directly from the web interface of the store.

When registering on a website and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.

Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.

The buyer is not authorized to allow the use of the user account to third parties.

The seller may cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer breaches his obligations under the Purchase Agreement (including Terms and Conditions).

The Buyer agrees that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.

3. CONCLUSION OF A PURCHASE AGREEMENT

All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a Purchase Agreement for these goods. Section 1732 (2) of the Czech Civil Code does not apply.

The store’s web interface contains information about the merchandise, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a Purchase Agreement for individually negotiated terms.

The store’s web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only when the correct delivery address, including the target country, is selected.

To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:

• ordered goods (the ordered goods “put” the buyer into the electronic shopping cart of the web interface of the store),
• the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
• information on the costs associated with the supply of goods (collectively referred to as “the order”).

Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the “Submit order” button. The data listed in the order they are deemed correct by the seller.

Submitting an order is considered to be such an act by the buyer that undoubtedly identifies the goods ordered, the purchase price, the purchaser’s identity, the method of payment of the purchase price, and is a binding contract proposal for the parties. The condition for the validity of the order is to fill in all the mandatory data in the order form, familiarize yourself with these Terms and Conditions on the website and confirm the buyer that he has become acquainted with these Terms and Conditions.

Upon receiving the order, the Seller will notify the buyer by e-mail to the buyer’s email address listed in the user interface or in the order (hereinafter referred to as the “buyer’s e-mail“).

The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

The draft purchase order in the form of an order is valid for fifteen days.

The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer’s e-mail address.

In the event that any of the requirements specified in the order can not be met by the seller, he will send the buyer to the buyer’s electronic address a modified offer indicating possible variants of the order and request the buyer’s opinion.

The amended offer is considered as a new draft Purchase Agreement, and the Purchase Agreement is then terminated until the Buyer accepts via e-mail.

The buyer agrees to use remote means of communication when concluding the Purchase Agreement. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a Purchase Agreement (costs of Internet connection, telephone call costs) are borne by the buyer himself. These do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

The Buyer may pay the Seller the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Agreement by the following means of payment:

• in cash at the seller’s premises at Sokolovská 105/76, Prague 8;
• in cash at the place specified by the buyer in the order;
• cashless transfer to Seller’s account: account number 2501291423/2010 at Fio banka for orders in CZK, or account number 2101291432/2010 at Fio banka for orders in EUR (hereinafter referred to as the “Seller’s Account“);
• non-cash via the GoPay payment system or Pay Pal;
• cashless payment card;

Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the mutually agreed price. Unless otherwise specified, further on the purchase price means also the costs associated with the delivery of the goods.

The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the Purchase Agreement being concluded.

In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

Seller is entitled, in particular, if it does not receive sufficient confirmation of the order from the Buyer (Article 8), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.

Any discounts on the price of goods provided by the seller to the buyer can not be combined.

If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer in respect of payments made under the Purchase Agreement. The seller is not a taxpayer of value added tax. Tax document – The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.

5. CANCELLATION OF THE CONTRACT

The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Agreement:

• the delivery of goods which has been adjusted according to the buyer’s wish or for his person
• on the supply of goods in closed packaging which the buyer has removed from the packaging and for hygienic reasons it can not be returned.

If the case referred to in Article 1 is not the case, or in another case where the contract of sale can not be withdrawn, the buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods. The withdrawal from the Purchase Agreement must be sent to the seller within the time limit specified in the previous sentence.

In order to withdraw from the Purchase Agreement, the buyer may use the model form provided by the seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Agreement may be dispatched by the buyer to the address of the seller’s office or place of business. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawal. The seller shall acknowledge receipt of the withdrawal by the consumer without undue delay in the form of the text.

In the case of withdrawal from the Purchase Agreement pursuant to Article 2 of the Terms and Conditions, the Purchase Agreement is canceled completely. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract. If the buyer withdraws from the Purchase Agreement, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.

In the event of cancellation under Article 2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the Purchase Agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.

The Seller is entitled to indemnify unilaterally the Buyer’s claim for a refund of the purchase price.

Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, to the buyer’s account.

If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the Purchase Agreement, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.

6. TRANSPORT AND DELIVERY OF GOODS

If the mode of transport is agreed upon by a buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.

If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the Purchase Agreement, the buyer is obliged to take over the goods upon delivery.

If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively.

Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

The seller is responsible for the goods to be free from defects. In particular, the seller guarantees the buyer that at the time the buyer took over the goods:

• the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
• the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
• the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
• the goods are in the appropriate quantity, degree or weight and
• goods comply with legal requirements.

The provisions of Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by their normal use, to defects corresponding to appropriate usage of used goods, or if it results from the nature of the goods.

If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.

Rights to defective performance are claimed by the buyer to the seller at his / her establishment, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.

Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s claim rules.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

The buyer acquires ownership of the goods by paying the full purchase price of the goods

The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.

The Czech Commercial Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://www.coi.cz, is responsible for out-of-court settlement of consumer disputes under the Purchase Agreement.

The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.

The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.

9. PROTECTION OF PERSONAL DATA

Protection of the buyer’s personal data is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as “personal data“).

The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a Purchase Agreement.

The Buyer notes that he is required to state his / her personal details (when registering, in its user account, when ordering from the web interface of the store), to state correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.

By processing the buyer’s personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer’s prior consent.

Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.

The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.

Should the buyer believe that the seller or processor (Article 5) carries out the processing of his / her personal data contrary to the protection of the buyer’s private and personal life or in contravention of the law, in particular if personal data are inaccurate with respect to for the purpose of their processing, it may:

• ask the seller or processor for an explanation,
• require the seller or processor to comply with obligations.

If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. for provision of information under the previous sentence the seller has the right to request reasonable compensation not exceeding the costs necessary to provide the information.

10. SENDING MESSAGES AND STORING COOKIES

Buyer agrees to send information related to the seller’s goods, services, or business to the buyer’s electronic address, and also agrees to send the sales announcements to the buyer’s electronic address.

Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller’s obligations under the Purchase Agreement are fulfilled without the so-called cookies being stored on the purchaser’s computer, the buyer may withdraw the consent under the previous sentence at any time.

11. DELIVERY

Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the Purchase Agreement, must be delivered by post in the form of a registered letter unless otherwise specified in the Purchase Agreement. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.

A notification is deemed to have been delivered even in case it was rejected by the addressee, in case it was not picked up during storage, or if returned as undeliverable.

The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer’s user account or the specified buyer in the order, respectively to the address given on the Seller’s website.

12. FINAL PROVISIONS

If a relationship based on a Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.

If any provision of the Terms and Conditions is invalid or ineffective, or if it occurs, a provision will be introduced to replace such provision to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the Purchase Agreement or Terms and Conditions require a written form.

The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

The Attachment on Terms and Conditions is a sample withdrawal form from the Purchase Agreement.

Contact details of the seller: Delivery address Bohempia s.r.o. , Sokolovská 105/76, Praha 8, 18600, Czech Republic, e-mail address info@bohempia.com, phone +420773475625.

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