General terms and conditions of the Company BOHEMATIC s.r.o.
(hereinafter referred to as "Terms and Conditions or TC")
Article I Introductory Provisions
- These Terms and Conditions are valid for the Seller's shop, which is operated directly or on a website located at the Internet address www.bohematic.cz (hereinafter referred to as the “website"), via the interface of the website (hereinafter referred to as the "web interface of the shop").
- The operator and owner of the website www.bohematic.cz is the company BOHEMATIC, s.r.o., Company ID No.: 06686125, with its registered office at Do Čertous 2622/14, Horní Počernice, 193 00 Prague, place of business at Komenského 10, 549 01, Nové Město nad Metují. The company is registered in the Commercial Register maintained by the Municipal Court in Prague, File C 287071 (hereinafter referred to as the "company" or the "Seller").
- The Terms and Conditions govern the rights and obligations of the Seller and the Buyer, which is either a consumer or an entrepreneur (consumer or entrepreneur hereinafter referred to as the "Buyer"). The consumer is anyone who enters into a contractual relationship with the Seller outside the scope of his/her business activity or outside the scope of independent performance of his/her profession. The entrepreneur is a person who independently carries out a gainful activity on his/her own account and responsibility with a trade license or otherwise in order to make a profit. The Terms and Conditions are accessible to everyone on the company's website.
- All contractual relations between the Seller and the Buyer are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "NCC", the New Civil Code).
- The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement are borne by the Buyer himself/herself (Internet connection, telephone calls). The Seller does not conclude agreements by means of distance communication, the subject of which is repeated performance.
Article II Purchase Agreement
- If the Buyer is a consumer, the proposal to conclude the Purchase Agreement is the location of the offered goods by the Seller on the website www.bohematic.cz and the Purchase Agreement is created by sending the order by the Buyer and receipt of the order by the Seller. The Seller will immediately confirm the receipt of the order to the Buyer via e-mail sent to the e-mail address determined by the Buyer. The confirmation e-mail does not affect the conclusion of the Purchase Agreement. If the Buyer is not a consumer, the proposal to conclude the Purchase Agreement is an order sent by the Buyer and the Purchase Agreement will be concluded by delivering a confirmation e-mail message to the e-mail address determined by the Buyer. The Purchase Agreement is concluded in the Czech language.
- All presentations of goods located in the web interface of the shop are informative and the Seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of Section 1732 (2) of the NCC shall not apply.
- The current valid wording of these Terms and Conditions is always a part of the e-mail message, through which the Buyer's order is confirmed.
- The order of goods is made via the web interface of the shop on the website www.bohematic.cz with the completion of all of the above mentioned requisites or by means of the order form Before sending the order of goods to the Seller, the Buyer can change the data entered in the order, such as the quantity of goods, shipping, but also the method of payment.
- The conclusion of the Purchase Agreement without the negotiation of all requisites laid down by the NCC is excluded within the meaning of Section 1726 of the NCC. The Seller also excludes acceptance of the offer with a supplement or derogation in accordance with the provisions of Section 1740 (3) of the NCC.
- An order which does not contain all the required requisites or does not meet the requisites set out in these Terms and Conditions or contradicts them and has not been completed or corrected after a call made by the Seller shall be viewed as an order that has not been made.
- By sending the order, the Buyer confirms that he/she has become acquainted with these General Terms and Conditions before sending it and agrees with them in the version valid and effective at the moment the order was sent.
Article III Prices of Goods and Payment Terms
- The web interface of the shop contains information about the goods, including the price of the individual goods. The prices of the goods include value added tax and all related fees. The Seller is entitled to change the prices of goods unilaterally, provided that the already concluded Purchase Agreement will not be affected by such a change in price.
- Under the conditions set out in these Terms and Conditions, the Seller will not charge the Buyer the cost of goods delivery to the Buyer in excess of the price of the goods. This applies only if the goods are delivered within the territory of the Czech Republic. The cost of postage with delivery to the Buyer outside the territory of the Czech Republic will be added to the price of the goods.
- By placing the order, the Buyer confirms his/her agreement with the prices for the ordered goods stated by the Seller.
- The method of payment of the purchase price will be agreed in the Purchase Agreement, following the choice of the Buyer made within his/her order, where the Buyer has the option of choosing from the following options:
- cashless bank transfer to the Seller's account No. 1387356419/2700, maintained by UniCredit Bank Czech Republic and Slovakia, a.s. The order number is given as a variable symbol. The goods will be delivered to the Buyer personally or sent after crediting the amount of payment for the order to the Seller's account,
- cashless payment through the payment system,
- in cash - the customer pays for the goods in cash upon the goods acceptance
- cash on delivery - the customer pays for the goods in cash upon delivery from the contracting carrier.
- The Seller requires payment of the purchase price before the goods are taken over by the Buyer. The Seller may require the Buyer to pay a deposit or other similar payment, especially in cases where the goods are stated to be available "on order only".
Article IV Delivery Terms
- The goods will be delivered to the Buyer either personally or to the address specified by the Buyer in the order by means of a carrier selected by the Buyer within his/her order.
- If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods on delivery.
- The Buyer agrees that the Seller should provide the selected carrier with information relating to the Buyer to the extent necessary for the proper delivery of the goods.
- If the goods are transported through the carrier, the Buyer is obliged to check the integrity of the packaging when taking the goods over and, in case of any defects, inform the carrier with whom the damage report is drawn up. At the same time the Seller must be immediately notified of an incomplete or damaged shipment. If the packaging is damaged and indicates unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.
- The Buyer is obliged to check the content of the consignment immediately, no later than 3 days after the takeover of the shipment, whether it corresponds fully to the order, i.e. ordered goods in terms of model, size, colour, and quantity. The Buyer shall also check whether the goods show obvious signs of surface damage, and check the functionality of the controls of the watch or another product of the Seller. If the content of the shipment does not correspond to the order, or if the Buyer detects surface damage to the goods or the malfunction of certain control elements of the product, he/she shall immediately notify the Seller of this fact and agree with the Seller on the remedy, i.e. exchange or additional dispatch of the missing goods. In the event of delay of this Buyer's obligation, the Seller will assume that the content of the shipment fully corresponds to the order, and that the goods delivered are without any surface damage.
- If the Buyer is s consumer, the ownership right to the goods as well as the risk of damage to the goods shall be transferred to the Buyer upon taking over the goods from the Seller or from the selected carrier.
- If the Buyer is not a consumer, the Seller will hand over the goods to the Buyer by handing it over to the selected carrier for transport for the Buyer and will allow the Buyer to exercise the rights from the transport contract against the selected carrier. The risk of damage to the goods passes to the Buyer, who is not a consumer, by handing over the item or handing over the item to the selected carrier for transport to the destination specified in the order.
Article V Claims for Defects in Goods
- The rights and obligations of the Contracting Parties relating to defective performance shall be governed by the relevant provisions of the NCC.
- The Seller is responsible to the Buyer for ensuring that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer for the fact that at the time of receipt of the goods:
- the goods have such characteristics as the Parties have agreed and, in the absence of an agreement, those characteristics which the Seller or manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
- the goods are suitable for the purpose specified by the Seller for their use or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the contracted sample or model, if the quality or design has been determined according to the contracted sample or model,
- the goods are in the appropriate quantity, extent or weight, and comply with the requirements of the legislation.
- If a defective performance is delivered to the Buyer, which caused a material breach of the Agreement, the Buyer has the right
- to rectify the defect by delivering a new item without the defect or by delivering the missing item,
- to rectify the defect by repairing the item,
- to a reasonable discount on the purchase price, or
- to withdraw from the Agreement.
The Buyer shall inform the Seller what right he/she has chosen, upon notification of a defect, or without undue delay after notification of the defect. The Buyer cannot change the choice made without the consent of the Seller; this does not apply if the Buyer requested a defect repair that proves to be irreparable. If the Seller does not remove the defects within a reasonable period of time or if he/she informs the Buyer that he/she does not remove the defects, the Buyer may request a reasonable discount from the purchase price instead of removing the defect or can withdraw from the Agreement. If the Buyer does not choose his/her right in time, he/she shall have rights as in the event of an immaterial breach of the Agreement.
- If the defective performance is an immaterial breach of the Agreement, the Buyer has the right to rectify the defect or to a reasonable discount from the purchase price. Until the Buyer exercises the right to a discount from the purchase price or until he/she withdraws from the Purchase Agreement, the Seller may deliver what is missing or eliminate the legal defect. Other defects can be removed by the Seller at its own option by repairing the item or by delivering a new item. If the Seller does not remove the defect in time or refuses to remove the defect, the Buyer may request a discount from the purchase price or withdraw from the Agreement. The Buyer cannot change the choice made without the consent of the Seller.
- When delivering a new item, the Buyer will return the item originally delivered to the Seller at his/her expense.
- If the Buyer does not report the defect in time, the right to withdraw from the Purchase Agreement shall be waived.
- If the buyer does not report the defect without undue delay after he/she was able to detect it during a timely inspection and with sufficient care, the court will not grant him/her the right to defective performance. In the case of a hidden defect, the same applies if the defect has not been reported without undue delay after the Buyer was able to detect it with sufficient care, but no later than eight years after the handover of the item.
- If the Buyer decides to exercise his/her rights from defective performance while meeting the aforementioned conditions, i.e. to claim defective goods at the Seller, he/she will then fill in the form "Form for claiming/returning goods", in particular the exact contact details of the Buyer - name, address, telephone, e-mail, description of the alleged defect and the consumer's request, and send it electronically to the Seller's e-mail address firstname.lastname@example.org.
- The Buyer sends the claimed goods without undue delay by mail or other transport service to the address of the registered office or place of business of the Seller. The moment of the claim is considered the moment when the Seller received the claimed goods from the Buyer. The claimed goods should be thoroughly secured in order not to damage them during transport, the shipment should be marked visibly "COMPLAINT" and include: the claimed goods (including complete accessories), a copy of the purchase document, or the completed form "Form for claiming/returning goods", or at least a reference to the date of electronic dispatch of the completed form. Without the above, the identification of the origin and defect of the goods is impossible. This procedure is also recommended to the Buyer-consumer, unless he/she proves and documents the stated facts otherwise.
- The Seller has the right to refuse acceptance of the goods in the complaint in cases where the claimed goods and/or parts thereof are dirty or do not meet the basic requirements for hygienically safe delivery of goods for complaint proceedings, unless the dirt is common.
- In the case of the purchase of goods by the consumer, if the defect occurs within six months of the takeover, the goods shall be deemed to have already been defective when taken over.
- The Buyer-consumer is entitled to exercise the right from defect that occurs
- in the watch within ninety-six months from receipt,
- in other goods within twenty-four months of receipt.
The provisions of this Article shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its usual use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the Buyer, or if it follows from the nature of the goods.
- Other rights and obligations of the Parties related to the Seller's liability for defects are regulated by the Consumer Protection Act, No. 634/1992 Coll. (Section 13, Section 19) and the Civil Code, Act No. 89/2012 Coll. (Section 2002, Section 2106, Section 2107, Sections 2158-2174).
Article VI Special Provisions for the Purchash4 of Goods by the Consumer
- In the case where the Purchase Agreement is concluded through means of distance communication, the Buyer, who is the consumer in accordance with the provisions of Section 1829 (1) of the NCC, has the right to withdraw from the Agreement. without giving reasons within 14 days of receipt of the goods, and if the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent by the Buyer within the time limit specified in the previous sentence to the address of the Seller's registered office, or to the e-mail address of the Seller notified by the Seller to the Buyer.
- In case of withdrawal from the Purchase Agreement under this Article, the Purchase Agreement is cancelled from the beginning. The consumer is obliged to return the intact goods to the Seller in complete condition, bearing the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
- If the Buyer withdraws from the Purchase Agreement pursuant to the previous paragraph, the Seller shall return funds received from the Buyer within 14 days of withdrawal from the Purchase Agreement by the Buyer in the same way as received from the Buyer, unless otherwise agreed. At the same time, the Seller is entitled to return the performance provided to him/her by the Buyer when returning the goods by the Buyer or in any other way if the Buyer agrees and it does not cause additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he/she sent the goods to the Seller.
- In order for the goods to be taken back by the Seller in the event of withdrawal from the Agreement, they must not be damaged in any way or show signs of use or wear.
- The consumer acknowledges that, in accordance with the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of goods that have been modified according to the consumer's wishes or for him/her personally.
- The consumer acknowledges the fact that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded on the condition that if the consumer's right to withdraw from the Purchase Agreement is exercised, the gift contract expires and the consumer is obliged to return, together with the returned goods, the related gifts provided, including everything he/she has enriched. If these gifts are not returned, these values will be understood as unjustified enrichment of the consumer. If the delivery of the object of unjustified enrichment is not well possible, the Seller is entitled to monetary compensation in the amount of the usual price.
Article VII Contact Details of the Seller
The contact details of the Seller are:
BOHEMATIC, s.r.o., Company ID No.: 06686125, Komenského 10, 549 01, Nové Město nad Metují
Article VIII Protection of Personal Data
- The controller, i.e. BOHEMATIC, s.r.o., Company ID No.: 06686125 shall handle the information of the customers in accordance with the provisions of Article 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation
Article IX Final Provisions
- These Terms and Conditions of the Seller apply in the version stated on the Seller's website www.bohematic.cz on the date the Purchase Agreement is concluded. The Buyer reserves the right to change the wording of the Terms and Conditions.
- If the consumer is a Contracting Party, the relations not regulated by the Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. Where a Contracting Party is an entrepreneur, the relations not regulated by the Terms and Conditions are governed by the NCC.
- Relations and possible disputes arising under the Agreement will be settled solely according to the law of the Czech Republic and will be settled by the competent courts of the Czech Republic. Any disputes between the company BOHEMATIC, s.r.o. and the Buyer can also be settled out of court. In such a case, the Buyer - consumer may contact the entity for out-of-court dispute settlement, such as the Czech Trade Inspection Authority. Before proceeding with the out-of-court settlement of the dispute, the company BOHEMATIC, s.r.o. recommends that the Buyer first use the contact information on BOHEMATIC, s.r.o. to resolve the situation.
- The Purchase Agreement can be concluded in the Czech language or in other languages, unless this is the reason for the impossibility of its conclusion.
- The Purchase Agreements are archived by the Seller starting from their conclusion, even after their fulfilment. Purchase Agreements are archived in the form in which they were concluded. Only the Seller or the entity authorized by the Seller to archive has access to the archived Purchase Agreements. They shall not be entitled to make Agreements available to third parties, except for any legal obligation to make such disclosure.
- The Seller declares that it has a valid trade license for sale of goods at www.bohematic.cz. Control over compliance with the Trade Licensing Act is performed by the relevant trade licensing office. The Office for Personal Data Protection controls the observance of personal data protection. The Czech Trade Inspection Authority monitors compliance with the Consumer Protection Act to a limited extent.
These General Terms and Conditions are valid and effective from 01.10.2020.