Terms & Conditions
of the Business Company
Bohempia s.r.o., registered office: Sokolovská 105/76, Praha 8 – Karlín, 186 00, Company ID (IČO): 038 27 879, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 238253, Contact e-mail: info@bohempia.com, Tel.: +420 773 475 559, Delivery address: Bohempia s.r.o., Sokolovská 105/76, Praha 8, 18600
for the sale of goods via the online store located at the internet address www.bohempia.eu.
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INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the business company Bohempia s.r.o., having its registered office at Sokolovská 105/76, Praha 8 – Karlín, 18600, ID No. (IČO): 03827879, registered in the Commercial Register maintained by the Municipal Court in Prague under Section C, Insert 238253 (hereinafter referred to as the "Seller"), govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.bohempia.eu or www.bohempia.com (hereinafter referred to as the "Website"), via the interface of the Website (hereinafter referred to as the "Web Interface of the Store" or "Website").
1.2. Status of Consumer and Entrepreneur. The provisions of the Terms and Conditions governing the status of a consumer shall not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession. If the Buyer is a consumer, this shall mean a Buyer who is a natural person entering into a Purchase Agreement with the Seller outside the scope of their trade, business, craft, or professional activity, or not on behalf of or for the account of another entrepreneur. Other Buyers who are not consumers shall act in relation to the Seller in the capacity of an entrepreneur. By these Terms and Conditions, the Seller concurrently provides Buyers who hold the status of consumers with mandatory pre-contractual information within the meaning of Section 1811 et seq. of the Civil Code.
1.3. Derogating Provisions. Provisions differing from the Terms and Conditions may be agreed upon in the Purchase Agreement. Express derogating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions.
1.4. Omitted Terms. In matters not specifically regulated by the Purchase Agreement or these Terms and Conditions, the contractual relationship between the Seller and the Buyer shall be governed primarily by the relevant provisions of the Civil Code. If a party to the Purchase Agreement is a consumer, this contractual relationship shall also be governed by the Consumer Protection Act.
1.5. Language and Governing Law. The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. Translations of the Terms and Conditions into other languages serve for better clarity for Buyers. In the event of any discrepancy between the Czech version and a translation, the Czech version shall prevail for interpretation. The Purchase Agreement may be concluded in the Czech language, or in another language according to the options available on the Web Interface of the Store. The governing law is the legal order of the Czech Republic. However, this shall not deprive the consumer of the protection afforded to them by provisions that cannot be derogated from by agreement under the law of the state where the consumer has their habitual residence.
1.6. Amendments to Terms and Conditions. The wording of the Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions. -
USER ACCOUNT
2.1. Purchase of Goods With or Without User Account. Based on the registration made by the Buyer on the Website, the Buyer can access their user interface. The Buyer may place orders for goods from their user interface (hereinafter referred to as the "User Account"). If enabled by the Web Interface of the Store, the Buyer may also order goods without registration directly from the Web Interface of the Store.
2.2. Accuracy and Truthfulness of Data. When registering on the Website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the User Account upon any change thereof. The data provided by the Buyer in the User Account and when ordering goods shall be considered correct by the Seller, and the Buyer shall be fully liable to the Seller for any damage caused by providing incorrect or untrue data.
2.3. Access to User Account. Access to the User Account is secured by an email address and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and must not disclose these credentials to any third party. The Seller bears no responsibility for damage caused to the Buyer as a result of a breach of this obligation by the Buyer.
2.4. Functionality of User Account. The Seller is not responsible to the Buyer for the functionality of the User Account, and if the User Account is not functional or available for technical or other reasons, no related rights shall arise for the Buyer against the Seller. This does not affect the Buyer's right to modify or cancel an order or to withdraw from the Purchase Agreement, as the Buyer is always entitled to perform these legal acts through other communication channels (e.g., email, telephone). The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary hardware and software maintenance by the Seller or third parties.
2.5. Termination of User Account due to Inactivity. The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 2 years, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions). -
CONCLUSION OF PURCHASE AGREEMENT
3.1. Informational Nature of Product Presentation. All presentation of goods placed in the Web Interface of the Store is of an informative nature only, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. Product Information and Pricing. The Seller sells barefoot footwear and accessories, such as socks, laces, insoles, and shoe care products. The Web Interface of the Store contains information about the goods, including prices of individual items, designations, and main characteristics, specified individually for each item or via a hyperlink to other web pages (manufacturer, distributor, etc.). Prices are listed including value-added tax (VAT) and all related statutory fees, with the exception of costs specified in Sections 3.3 and 3.4 below. 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 under individually agreed conditions.
3.3. Delivery Outside the EU. For deliveries outside the European Union, the price of goods and shipping does not include potential customs duties (import tariffs, import VAT, other taxes, statutory charges, or carrier customs clearance fees) associated with importing goods into the destination country, unless explicitly stated otherwise in the Web Interface of the Store or order. These fees shall be borne by the Buyer in accordance with the laws of the country of delivery and the terms of the respective carrier. The Seller has no control over these fees, which may vary by destination, type of goods, shipment value, and applicable customs regulations.
3.4. Packaging and Delivery Costs. The Web Interface of the Store contains information on costs associated with packaging and delivery. This information applies only provided that the correct delivery address and destination country are selected. If these costs cannot be calculated in advance, the Seller is entitled to charge them additionally pursuant to Section 1811 (2) (e) of the Civil Code.
3.5. Placing an Order. To order goods, the Buyer shall fill out the order form in the Web Interface of the Store. The order form contains, in particular, information regarding:
- the ordered goods (which the Buyer "inserts" into the electronic shopping cart of the Web Interface of the Store)
- identification and billing details of the Buyer,
- the chosen payment method for the purchase price, requested delivery method, and delivery address,
- information on costs associated with packaging and delivery
(hereinafter collectively referred to as the "Order"). The validity of the Order is subject to completing all mandatory fields, reviewing these Terms and Conditions on the Website, and the Buyer's confirmation that they have read and agreed to these Terms and Conditions.
3.6. Review, Correction, and Submission. Prior to sending the Order to the Seller, the Buyer is allowed to check and modify the data entered into the Order, including identifying and correcting errors made during data entry. The Buyer sends the Order to the Seller by clicking the button "Order with obligation to pay", thereby undertaking to pay for the Order. Submitting the Order is considered a binding proposal to conclude a Purchase Agreement addressed to the Seller. The data specified in the Order is considered correct by the Seller. Errors made when entering data prior to placing the Order can also be identified via inquiry to the Seller's email address.
3.7. Moment of Contract Conclusion. After placing the Order, an automatic confirmation of receipt of the Order will be sent to the Buyer's contact email specified in the Order. The confirmation email also includes the current version of the Seller's Terms and Conditions. However, this confirmation is for informational purposes only; the Purchase Agreement is only concluded upon acceptance of the Order by the Seller. The Order is accepted upon handing over the goods to the first carrier or by sending a notice to the Buyer that the goods are ready for pick-up at the Seller's premises. A confirmation will be sent to the Buyer regarding handover to the carrier. Until receipt of the Seller's confirmation of dispatch, the Buyer is entitled to alter or modify the content of the Order by sending a request to the Seller's contact email or by telephone. Thus, the contractual relationship between the Seller and the Buyer arises only upon handover of the goods to a third-party carrier/dispensing point or upon notification to the Buyer to collect the goods.
3.8. Non-conclusion of Contract. The Buyer acknowledges that due to the explicit exclusion of Section 1732 (2) of the Civil Code, submitting an Order does not create a legal right to conclude a Purchase Agreement, and the Seller is not obliged to enter into a Purchase Agreement, particularly if the ordered goods are out of stock. This does not affect the Seller's right to refuse to enter into a Purchase Agreement for any other reason (without stating a reason). If the Purchase Agreement is not concluded, a notice of non-acceptance (cancellation) of the Order will be sent to the Buyer's email address.
3.9. Additional Confirmation. Depending on the nature of the Order (quantity of goods, purchase price amount, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).
3.10. Order Validity. The proposal to conclude a Purchase Agreement in the form of an Order is valid for fifteen (15) days.
3.11. Proposal to Modify Order. If the Seller is unable to meet any requirement specified in the Order, the Seller is entitled to send a proposal to the Buyer's contact email stating options for a modified Order and requesting the Buyer's written statement. The modified Order shall be considered a new proposal for a Purchase Agreement from the Seller, and the Purchase Agreement is concluded upon receipt of the Buyer's acceptance sent to the Seller's contact email.
3.12. Obvious Technical Errors. In the event of an obvious technical error on the part of the Seller regarding the price displayed in the Web Interface of the Store or during ordering, the Seller shall inform the Buyer of the error without undue delay and send a revised offer to the Buyer's contact email. The revised offer constitutes a new proposal for a Purchase Agreement, which is concluded upon receipt of the Buyer's acceptance via email.
3.13. Alternative Conclusion Methods. A Purchase Agreement may also be concluded in writing or by telephone, provided the parties agree on all essential terms. When concluding a Purchase Agreement over the phone, the Buyer is obliged to confirm the content of the agreement in writing to the Seller.
3.14. Means of Distance Communication. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication in connection with concluding the Purchase Agreement (internet connection fees, telephone call costs) shall be borne solely by the Buyer and do not differ from the standard base rate.
3.15. Footwear Maintenance Manual. Product information includes instructions for proper use and maintenance, specifically a footwear maintenance manual available for download for individual products on the Web Interface of the Store, as well as sent as a link in electronic communication following the conclusion of the Purchase Agreement. The Buyer is obliged to review these instructions and to use and maintain the goods in accordance with them. -
PRICE OF GOODS AND PAYMENT TERMS
4.1. Payment Methods. The Buyer may pay the price of the goods and any associated packaging and delivery costs under the Purchase Agreement to the Seller via the following methods:
- wire transfer to the Seller's bank account: Account No. 2501291423/2010 held with Fio banka for CZK orders, or Account No. 2101291432/2010 held with Fio banka for EUR orders (hereinafter referred to as the "Seller's Account");
- cashless payment via GoPay or PayPal systems;
- cashless payment by credit/debit card.
4.2. Additional Fees. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods at the agreed amount. Unless expressly stated otherwise, the term "purchase price" shall hereinafter also include costs associated with the delivery of goods. In the case of payment by COD, the Seller is entitled to charge a fee, which will be displayed during the selection of the payment method in the ordering process.
4.3. Advance Payments. The Seller generally does not require an advance payment or other similar payment from the Buyer. This does not affect Section 4.6 regarding the obligation to pay the purchase price in advance.
4.4. Maturity of Purchase Price. In the case of payment upon personal pickup or COD, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of completing the Order. If payment is not made within 5 days of placing the Order, the Seller has the right to reject the Order.
4.5. Cashless Payment Identification. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with the variable payment symbol. The obligation to pay the purchase price is fulfilled once the corresponding amount is credited to the Seller's Account.
4.6. Payment Prior to Contract Conclusion. The Seller is entitled, particularly if the Buyer fails to provide additional confirmation of the Order (Section 3.9), to demand payment of the full purchase price before dispatching the goods. Section 2119 (1) of the Civil Code shall not apply. In the case of cashless payment, it is at the Seller's discretion whether to dispatch the goods only after full payment. If the Buyer pays the purchase price prior to contract conclusion and a notice of non-acceptance is subsequently sent pursuant to Section 3.8, the Seller shall refund the paid amount to the Buyer without undue delay.
4.7. Non-Cumulation of Discounts. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with one another, unless stated otherwise.
4.8. Tax Document (Invoice). If customary in business relations or required by generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer regarding payments made under the Purchase Agreement. The Seller is a value-added tax (VAT) payer. The Seller shall issue the tax document to the Buyer after payment and send it electronically to the Buyer's email address or together with the goods. The Buyer explicitly consents to receiving invoices electronically via email. -
WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. Termination of Agreement. The Purchase Agreement may be terminated, inter alia, by agreement of the parties or by withdrawal from the Purchase Agreement in cases specified by these Terms and Conditions and generally binding legal regulations.
5.2. Entrepreneur Exclusion. A Buyer who is an entrepreneur is not entitled to withdraw from the Purchase Agreement without giving a reason within a fourteen (14) day period.
5.3. Consumer Application. Provisions 5.4–5.11 apply only if the Buyer is a consumer.
5.4. 14-Day Right of Withdrawal. If the Purchase Agreement was concluded outside business premises or via distance communication (e.g., internet), the consumer Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days from the day of receipt of the goods. If the contract covers multiple items delivered separately, the withdrawal period runs from the day of receipt of the last item. If the subject of the contract is the delivery of goods consisting of several lots or pieces, the period runs from the day of receipt of the last lot or piece. For regular deliveries over a specified period, the period runs from the day of the first delivery.
5.5. Exercise of Withdrawal Right. The consumer Buyer may withdraw from the contract by making any unambiguous statement addressed to the Seller (e.g., email to the contact address, written letter, SMS, etc.), stating their name, surname, company name, registered address, telephone number, and email address. If the Buyer uses this option, the Seller shall promptly confirm receipt of the withdrawal. The Buyer may also use the standard withdrawal form available here (though it is not mandatory). To meet the deadline, it is sufficient to send the notification of withdrawal before the relevant period expires. The Buyer may also use the online withdrawal function available in the section of the e-shop dedicated to complaints and returns, under the button “Return Products”. If the Buyer uses this option, the Seller shall promptly confirm receipt of the withdrawal statement in text form, including its content and the date and time it was submitted. To meet the withdrawal deadline, it is sufficient to submit the withdrawal from the purchase contract before the relevant period expires.
5.6. Return of Goods. Upon withdrawal under Section 5.4, the Purchase Agreement is cancelled ab initio. The goods must be returned to the Seller within fourteen (14) days of withdrawal. The Buyer shall bear the direct costs of returning the goods to the Seller, even if the goods cannot be returned by ordinary post due to their nature.
5.7. Refund of Purchase Price and Delivery Costs. In the event of withdrawal under Section 5.4, the Seller shall refund all funds received from the Buyer (the purchase price including delivery costs) within fourteen (14) days of withdrawal, using the same payment method as received, unless agreed otherwise. If the Buyer chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller shall refund delivery costs equivalent to the cheapest method offered.
5.8. Right to Withhold Refund. The Seller is not obliged to return the funds to the Buyer before receiving the returned goods or receiving proof from the Buyer that the goods have been dispatched back, whichever occurs first.
5.9. Diminished Value Compensation. If the consumer Buyer withdraws from the contract, the Seller may demand compensation for any diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods. The Seller is entitled to unilaterally offset any compensation claim for damage to the goods against the Buyer's claim for a refund.
5.10. Exceptions to Right of Withdrawal. The Buyer cannot withdraw from the Purchase Agreement under Section 5.4 if the subject of the contract is:- the provision of services fully performed with prior express consent before the expiry of the withdrawal period, provided the consumer was informed that such performance extinguishes the right of withdrawal;
- the supply of goods/services whose price depends on fluctuations in the financial market beyond the Seller's control;
- the supply of alcoholic beverages whose price was agreed upon at the time of contract conclusion, delivery can only take place after 30 days, and the price depends on market fluctuations;
- the supply of goods made to consumer specifications or clearly personalized;
- the supply of perishable goods or goods with a short shelf life, or goods inextricably mixed with other items after delivery;
- urgent repairs or maintenance requested by the consumer (excluding non-requested repairs or extra spare parts);
- the supply of sealed goods unsealed after delivery which are not suitable for return due to health protection or hygiene reasons (e.g., socks and underwear);
- the supply of sealed audio/video recordings or computer software unsealed after delivery;
- the supply of newspapers, periodicals, or magazines (excluding subscription contracts);
- accommodation, transport of goods, vehicle rental, catering, or leisure activities to be provided on a specific date/period;
- contracts concluded at a public auction; which the consumer Buyer is able to attend in person;
- the supply of digital content not delivered on a tangible medium once performance has begun with prior express consent and acknowledgment that the right of withdrawal is thereby lost.
5.11. Withdrawal for Unfair Commercial Practices. The Buyer is entitled to withdraw from the contract within 90 days of conclusion if their rights were affected by an unfair commercial practice by the Seller, or to demand a reasonable price reduction. The Buyer cannot withdraw under this clause if the Seller proves that withdrawal is disproportionate considering the subject matter, nature, and severity of the practice.
5.12. Return of Gifts. If a gift is provided together with the goods, the gift agreement between the Seller and Buyer is concluded with a resolutive condition that if the Purchase Agreement is withdrawn from, the gift agreement loses effect and the Buyer is obliged to return the gift alongside the goods.
5.13. Withdrawal by Seller. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time if there is a substantial reason to do so. The Seller shall promptly inform the Buyer via email and refund all funds received (including shipping costs) within 14 days of notice of withdrawal using the same or agreed payment method. -
TRANSPORT AND DELIVERY OF GOODS
6.1. Shipping Information. Shipping methods, available delivery countries, costs, and estimated delivery times are specified in the Web Interface of the Store during ordering after entering the delivery address. Specific shipping info on the Web Interface takes precedence over general information in these Terms and Conditions.
6.2. Selection of Delivery Method. The delivery method is chosen by the Buyer during ordering. It cannot be changed subsequently without the Seller's consent. If a non-standard delivery method is arranged upon special request of the Buyer, the Buyer bears the risk and potential additional costs associated with it.
6.3. Delivery Times. In-stock goods are generally dispatched within 2 days of ordering for COD, card, GoPay, or PayPal payments. For wire transfers, dispatch occurs within 2 days of crediting the amount to the Seller's account. Delivery times depend on the selected carrier. Goods will be delivered no later than 30 days from contract conclusion.
6.4. Non-EU Customs Clearance. The Buyer acknowledges that shipments delivered outside the EU may be subject to customs clearance. Customs processing times are excluded from estimated delivery times. The Seller is not responsible for delays caused by customs, administrative actions, or lack of cooperation by the Buyer.
6.5. Duty of Cooperation. The Buyer is obliged to provide necessary cooperation to the carrier or relevant authorities (e.g., providing required information, documents, and paying import duties).
6.6. Estimated Delivery Times. Estimated delivery times are non-binding/indicative and may be affected by carrier workload, public holidays, peak seasons, customs, or lack of Buyer cooperation.
6.7. Obligation to Accept Goods. If the Seller is obliged to deliver goods to a place specified in the Order, the Buyer is obliged to accept the goods upon delivery or ensure their acceptance.
6.8. Re-delivery Costs and Failure to Collect. If re-delivery or an alternative delivery method is necessary for reasons on the Buyer's side, the Buyer is obliged to pay reasonable costs associated with repeated delivery, storage, or alternative methods. If the Buyer refuses to accept the ordered shipment, they are liable for damages equal to the costs incurred by the Seller in returning the goods.
6.9. Inspection Upon Receipt. Upon receiving the shipment from the carrier, the Buyer is obliged to check the integrity of the packaging and immediately report any defects to the carrier. In case of visible damage, taking photos and notifying the carrier is recommended. If packaging is severely damaged indicating unauthorized opening or major damage, the Buyer is not obliged to accept the shipment and should inform the Seller without delay.
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RIGHTS ARISING FROM DEFECTIVE PERFORMANCE, WARRANTY & CLAIMS PROCEDURE
7.1. Applicable Regulations. Rights and obligations regarding defective performance are governed by applicable generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
7.2. Seller's Statutory Liability for Defects. The Seller warrants to the Buyer that the goods are free from defects upon receipt. Specifically, the Seller warrants that at the time of receipt:
- the goods have the agreed properties or, lacking agreement, properties described by the Seller/manufacturer or expected by the Buyer given the nature of the goods;
- the goods are fit for the declared or customary purpose;
- the goods match the agreed sample/model;
- the goods are in proper quantity, measure, or weight;
- the goods comply with legal requirements;
- the goods are delivered with agreed or reasonably expected accessories.
7.3. Exclusions and Limitations. The Seller's liability for defects shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear caused by normal use, or, in the case of used goods, to a defect corresponding to the degree of use or wear and tear that the goods had upon receipt by the Buyer, or if implied by the nature of the goods. Furthermore, liability for defects shall not apply if the defect was caused by the Buyer themselves. Liability for defects shall not cover defects caused by improper operation, unprofessional or inappropriate handling, or use that violates the user manual or general principles of use. The user manual shall be provided to the Buyer for selected categories of goods. The Buyer’s rights arising from defective performance shall also not apply to damage caused by excessive mechanical wear and tear. Furthermore, rights arising from defective performance shall not apply to defects resulting from modifications made to the goods by the Buyer, or from the use of the goods under conditions other than those specified by the Seller. Furthermore, rights arising from defective performance shall not apply to goods whose shelf life, best-before date, or use-by date stated on the product packaging has expired.7.4. Statutory Time Limit for Defects. A consumer Buyer may claim a defect that manifests within two (2) years of receipt. If a defect becomes apparent within one year of receipt, it shall be presumed to have existed upon receipt unless excluded by the nature of the thing or defect. For used goods, the claim period is one (1) year. The time limit does not run during the period in which the Buyer cannot use the item due to a valid claim.
7.5. Rules for Business Buyers. An entrepreneur Buyer must inspect goods and notify the Seller of defects without delay, no later than 5 business days after receipt. Hidden defects must be reported without delay after discovery, but no later than two (2) years after delivery.
7.6. Remedies. If the goods are defective, the Buyer may demand the removal of the defect. At their option, the Buyer may demand the delivery of a new defect-free item or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other method. This shall be assessed in particular with regard to the significance of the defect, the value the goods would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the Buyer.
7.7. Right to Refuse Remedy. The Seller may refuse to remedy a defect if repair/replacement is impossible or disproportionately costly.
7.8. Execution of Remedy. The Seller shall remedy the defect within a reasonable time after it has been notified, taking into account the nature of the goods and the purpose for which the Buyer purchased them, without causing significant inconvenience to the Buyer. The Seller shall take back the item from the consumer Buyer at its own expense to remedy the defect.
7.9. Price Reduction or Rescission. The consumer Buyer may demand a reasonable discount on the purchase price or withdraw from the purchase contract, particularly if the Seller refuses to remedy the defect or fails to do so, the defect reoccurs, the defect constitutes a material breach of the purchase contract, or it is clear from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer. The Buyer cannot withdraw from the contract if the defect is minor; it shall be presumed that the defect is not minor. If the Buyer withdraws from the purchase contract, the Seller shall refund the purchase price without undue delay after receiving the goods or after the Buyer proves that the goods have been dispatched.
7.10. Limitation of Right to Withdraw from Contract. The Buyer cannot withdraw from the contract, nor demand the delivery of a new item, if they cannot return the item in the condition in which it was received. This shall not apply if the change in condition occurred as a result of an inspection to identify the defect, or if the Buyer used the item prior to the discovery of the defect, or if the impossibility of returning the item in an unchanged condition was not caused by the Buyer’s action or omission, or if the Buyer sold the item prior to the discovery of the defect, consumed it, or altered the item during normal use; if this occurred only in part, the Buyer shall return to the company what can still be returned and compensate the company up to the amount of the benefit derived from the use of the item.
7.11. Submitting a Claim. A defect may be notified to the Seller from whom the goods were purchased. However, if another person designated for repair is located at the Seller's location or closer to the Buyer, the Buyer shall notify the defect to the person designated to carry out the repair. The Buyer may submit a claim to the Seller primarily by email at info@bohempia.com, via the complaint form available on the Seller's website, in person at the Seller's premises, or by post to the address of the Seller's registered office.
7.12. Claim Content. When submitting a claim, the Buyer must describe the defect, how/when it appeared, provide the order number or proof of purchase, and state the preferred method of resolution. Attaching photos is recommended when possible.
7.13. Claims Processing Procedure. If the consumer Buyer has submitted a claim, the Seller shall immediately issue a written confirmation stating the date on which the consumer Buyer submitted the claim, its content, the method of claim settlement requested by the consumer Buyer, and the consumer Buyer’s contact details for the purpose of providing information on the claim settlement. This obligation also applies to other persons designated to carry out repairs. The claim, including the removal of the defect, must be settled and the consumer informed thereof no later than thirty (30) days from the date the claim was submitted, unless the Seller agrees with the consumer Buyer on a longer period. After the futile expiration of the thirty (30) day period (if no longer period was agreed), the consumer Buyer may withdraw from the contract or demand a reasonable discount. The Seller shall issue the consumer Buyer a confirmation of the date and method of claim settlement, including confirmation of any repair carried out and its duration, or a written justification for rejecting the claim. This obligation also applies to other persons designated to carry out repairs. In the event of a justified claim, the consumer Buyer is entitled to reimbursement of necessary expenses incurred.
7.14. Handover for Assessment. If physical handover of the goods is necessary to assess the claim, the Seller shall agree with the Buyer on a suitable method of handing over or sending the goods. The Seller may provide the Buyer with a return label, a shipping code, or arrange for collection by a carrier, provided this option is available for the given country. In such a case, the deadline for claim settlement under the preceding paragraph shall begin from the date the claimed goods are handed over to the Seller.
7.15. Collection of Processed Items. The Buyer is obliged to take delivery of the claimed goods within thirty (30) days from the date by which the claim should have been settled at the latest; after this period, the Seller is entitled to charge reasonable storage fees or sell the goods on the Buyer’s account by self-help. The Seller must notify the Buyer of this procedure in advance and provide them with a reasonable additional grace period to take delivery of the goods.
7.16. Quality Guarantee & After-sales Service. The Seller may provide a quality warranty for selected types of goods. Information on the quality warranty is always provided on the Seller's website for the specific product. The Seller does not provide after-sales service.
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OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Transfer of Ownership and Risk of Loss. The Buyer acquires ownership of the goods upon full payment of the purchase price and shipping costs, but not earlier than receipt of the goods. Risk of accidental damage, loss, or destruction passes to the Buyer upon receipt or when the Buyer defaulted on their obligation to take over the goods.
8.2. Codes of Conduct. The Seller is not bound by any voluntary codes of conduct within the meaning of Section 1820 (1) (n) of the Civil Code.
8.3. Consumer Buyer Complaints. The Seller handles consumer Buyer complaints via the specified email address. Information regarding the handling of the consumer Buyer's complaint shall be sent by the Seller to the Buyer's email address.
8.4. Out-of-Court Dispute Resolution (ADR). In the event that a dispute arises between the Buyer and the Seller under the purchase contract that cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court dispute resolution to the designated body for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: www.coi.cz, which is also a supervisory authority. The Buyer may also use the online dispute resolution platform established by the European Commission at ec.europa.eu/consumers/odr/. The European Consumer Centre Czech Republic, located at Štěpánská 44, 110 00 Prague 1, website: evropskyspotrebitel.cz/, is 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).
8.5. Supervisory Authorities. The Seller operates under a trade license supervised by the relevant Trade Licensing Office. Personal data protection is supervised by the Office for Personal Data Protection (ÚOOÚ). The Czech Trade Inspection Authority inspects compliance with the Consumer Protection Act No. 634/1992 Coll.
8.6. Assumption of Risk of Change of Circumstances. The Buyer assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.7. Non-Verification of Reviews. The Seller does not verify whether product or service reviews are submitted exclusively by consumers who actually purchased or used the products.
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FINAL PROVISIONS
9.1. Governing Law. The Purchase Agreement and all rights and obligations arising from it shall be governed by the legal order of the Czech Republic.
9.2. Consumer Protection Preservation. If the Buyer is a consumer and the relationship contains an international element, the choice of Czech law shall not deprive the consumer of protection granted by mandatory provisions of the law of the state of their habitual residence.
9.3. Interpretation. Nothing in these Terms and Conditions shall be interpreted as limiting or excluding statutory consumer protection rights.
9.4. Invalidity and Ineffectiveness of Terms and Conditions Provisions. If any provision of the terms and conditions is or becomes invalid or ineffective, a provision whose meaning comes closest to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any amendments or supplements to the purchase contract or terms and conditions require written form.
9.5. Archiving. Purchase Agreements and Terms are archived by the Seller electronically. Order summaries and tax documents are sent electronically to the Buyer and remain accessible in their User Account.
9.6. Standard Withdrawal Form. The annex to these Terms contains the standard model withdrawal form, available in full on the Returns and Exchanges page.
9.7. Intellectual Property Rights. All rights to the Seller's Website, including copyrights to content, layout, photos, videos, graphics, trademarks, and logos, belong to the Seller. Copying, modifying, or using the website or its parts without consent is strictly prohibited.
9.8. Prohibition of Interference. The Seller shall not be liable for errors arising as a result of third-party interference with the online store or as a result of its use contrary to its intended purpose. When using the online store, the Buyer must not use procedures that could negatively affect its operation and must not perform any activity that could enable them or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the online store, or to use the online store, its parts, or software equipment in a manner that would be contrary to its intended purpose or objective.
9.9. Effective Date. These Terms and Conditions enter into force and effect on 25th August 2026.
Model Withdrawal Form:
Addressee: Bohempia s.r.o., Sokolovská 105/76, Prague 8, 186 00, Czech Republic
Telephone: +420 773 475 559
Email: info@bohempia.com
I hereby give notice that I withdraw from our contract of sale concerning the following goods.
– Ordered on:
– Delivered on:
– Consumer’s name:
– Consumer’s address:
– Order number:
– Invoice number:
– Bank account for the refund:
– Date:
– Signature: