BOHEMIA SPORT TRADE spol. s.r.o.
based Wenceslas Square 785/28, 110 00 Praha 1
Identification Number: 27203492
registered in the Commercial Register maintained by the Municipal Court in Prague
Section C, File 98405
for the sale of goods through an online store located on the Internet
1. PRELIMINARY PROVISIONS
These terms and conditions ( “Terms and Conditions”) of BOHEMIA SPORT TRADE spol. s ro, sídlemVáclavské Square 785/28 110 00 Prague 1, Identification Number: 27128440, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 98405 (hereinafter referred to as “Seller”) regulate the mutual rights and obligations arising in connection with or based on the purchase agreement (the “purchase agreement”) concluded between the seller and any other person or entity (hereinafter the “buyer”) through the online shop of the seller. Internet shop is operated by the seller on the Internet at www.bohemia-sport.cz, through a web interface (hereinafter referred to as “Web-based commerce”).
1.1 Terms and Conditions also govern the rights and obligations when using the Web site located at Seller www.bohemia-sport.cz (hereinafter the “Website”) and other related legal relations. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller, is ordering goods in the course of their business.
1.2 Provisions derogating from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.3 Provisions of the conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
1.4 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. ESTABLISHMENT OF THE PURCHASE AGREEMENT
1.2 Web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of goods offered are inclusive of VAT and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a sales contract under individually negotiated conditions. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
2.2 Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic. This provision is not limited to the seller conclude a sales contract under individually negotiated conditions.
2.3 To order goods, the buyer fills an order form in the web interface business. Order form contains particular information about:
– Ordered goods (ordered goods “insert” the buyer into an electronic shopping cart business web interface)
– Method of payment of the purchase price, details of the desired method of delivery of goods ordered and
– Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).
2.4 Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, even considering the option buyer to detect and correct errors during data entry into the order. The buyer sends the order by clicking on “Finish order”. The data specified in the order by the seller are deemed correct. Seller immediately upon receipt of an order the buyer confirms receipt of e-mail, at the e-mail address Buyer provided in the user interface or in the order (hereinafter referred to as “electronic address of the purchaser”).
2.5 Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
2.6 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer by e-mail and electronic mail address of the buyer.
2.7 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached the purchase contract (including terms and conditions).
2.8 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) borne by the Buyer.
3rd PRICE AND PAYMENT TERMS
1.3 The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways
in cash by the seller at Strakonická 947 341 01 Horažďovice;
Cash on delivery at the place designated by the buyer in order;
bank transfer to the seller’s account no. 199471159/0300, held at ČSOB Prague (hereinafter the “Seller Account”);
2.3 Along with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods.
3.3 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In case of cashless payment, the purchase price is due within 5 days of the purchase contract.
3.4 In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller’s account.
3.5 The seller is entitled, especially if the Buyer does not provide for additional confirmation (Art. 2.5), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
3.6 Any discounts on the price of goods provided by the seller to the buyer can not be combined.
3.7 If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document – invoice. Seller is a payer of value added tax. The tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer’s email address.
4th withdrawal from the contract
1.4 Buyer acknowledges that pursuant to § 1837 of the Civil Code, can not, inter alia, to withdraw from the contract for the supply of goods adjusted as desired by the buyer or his person, as well as goods subject to rapid deterioration, wear and tear, from contract to delivery audio and video recordings and computer programs if a consumer destroyed their original packaging.
2.4 If that is not the case referred to in art. 4.1. or of any other case where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract, within fourteen (14) days from receipt of goods, if the object of purchase contract are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be demonstrably delivered within fourteen (14) days of receipt of goods, and the address of the seller or the seller’s e-mail address email@example.com. . For withdrawal from the contract the buyer used a model form provided by the seller, annexed business conditions, and is attached to the shipment.
3.4 In case of withdrawal pursuant to Art. 4.2 business conditions of the purchase contract canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned to their character usual postal route. The goods must be returned to the seller undamaged condition and, if possible, in the original packaging.
4.4 Within three working days from the return of goods buyer under Art. 4.3. Seller is entitled to examine the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed.
4.5 In case of withdrawal pursuant to Art. 4.2 of business conditions, the seller returns the purchase price (excluding cost of delivery) to the buyer immediately after the deadline to examine the goods under Art. 4.4 business conditions, bank transfer to an account designated by the buyer. The seller is also entitled to return the purchase price in cash already in the personal return of the goods. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns goods to him or prove that the goods the seller sent.
4.6 Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. Is entitled to compensation, the seller is entitled to unilaterally against the Buyer’s claim for refund of the purchase price.
5th TRANSPORT AND DELIVERY
1.5 The method of delivery of goods determined by the Seller, unless the purchase contract states otherwise. In the event that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
2.5 If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery. If the buyer does not take the goods on delivery, the seller is entitled to withdraw from the contract.
3.5 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.5 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding violations package indicative of unauthorized intrusion into consignment Buyer may assume the shipment from the carrier. By signing the delivery note buyer confirms that the shipment of goods meet all terms and conditions and any further claims of infringement of container shipments can not be disregarded.
6. Right from defective performance of
1.6 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
2.6 Seller is responsible for the sold item is in conformity with the contract, and that it is free from defects. Coincidentally with the purchase agreement means that the thing sold has the quality and properties required by the contract, the seller, manufacturer or its representative, or on the basis of their expected by the ads, or the quality and possess properties that are of the same kind that meets the requirements of legislation it is in the correct quantity, measure or weight and corresponds to the purpose for which the seller says things or for that matter normally used.
3.6 The provisions referred to in Art. 6.2. business conditions do not apply to goods sold at a lower price to a defect for which the lower price negotiated on the wear and tear caused by its common use, in used goods to defect by use or wear which goods were at the takeover by the buyer, or if it appears because of the nature of the goods.
4.6 When manifest defect within six months (6) from taking it is assumed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty four months from the receipt.
5.6 The rights of the buyer arising from the seller’s liability for defects, including the warranty liability of the seller, the buyer applies for the seller at his establishment Strakonická 947 341 01 Horažďovice. In a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
6.6 Other rights and obligations of the parties relating to the liability of the seller for defects Complaints Procedure governs the seller.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.7 The buyer acquires ownership of the goods by paying the entire purchase price.
2.7 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
3.7 Buyer acknowledges that the software and other content of the Web interface of trade (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that could allow him or third persons to unlawfully interfere with or use the software or other content of the web interface business.
4.7 The buyer is not entitled to use the Web interface to use trade mechanisms, software or other actions that could adversely affect the operation of the web interface business. Web interface can be used only to the extent that it is not at the expense of the rights of other customers and the seller which is consistent with its purpose.
5.7 Court complaint provides consumers selling through electronic addresses (firstname.lastname@example.org). Information on the settlement of the complaint buyer sends the seller to the buyer’s email address.
6.7 The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
8. PRIVACY AND SENDING OF BUSINESS COMMUNICATION
1.8 Privacy purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
2.8 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as “personal information”).
3.8 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for sending commercial messages and information to the seller. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
4.8 Buyer acknowledges that it is required personal information (when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
5.8 The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
6.8 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
7.8 The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
8.8 In the event that the buyer thought the seller or processor (Art. 8.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of their processing, can:
ask the seller or processor for explanation
require the seller or the processor rectifies the situation.
8.9 If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
8.10 Buyer agrees to receive information related to goods, services or company the seller to the buyer’s email address and agree to receive commercial communications by the seller to the buyer’s email address.
8.11. Buyer agrees with saving so. Cookies on his computer. In the event that a purchase on the website can be made, and commitments agreed sales contracts to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the previous sentence at any time.
1.9 Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by electronic mail, in person or by postal service (selected by the sender). The buyer is delivered to the email address specified in his user account.
2.9 The message is delivered:
In case of delivery by e-mail upon receipt of incoming mail server; the integrity of the messages sent by electronic mail may be secured by a certificate,
In case of delivery in person or by postal services takeover shipment addressee,
In case of delivery in person or through the postal service also denying receipt of the consignment, denies If the addressee (or person authorized to accept the consignment for him) to accept the consignment,
In case of delivery by postal services to the expiry of the ten (10) days from the shipment and taxes prompted the addressee to accept the shipment, if there is the shipment with the postal service, even if the addressee has knowledge of the deposition .
10. Final Provisions
1.10 If a relationship related to use of the Web site or the legal relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
2.10 The seller is entitled to sell goods on the basis of trade license and activity of the seller is not subject to any other permissions. Trade inspection carried out under its authority the Trade Office.
3.10 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase agreement or terms and conditions require written form.
4.10 The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
5.10 Attachment business conditions constitute a model form for withdrawal from the contract.
10.6. Contact details seller: postal address BOHEMIA SPORT LION, Strakonická 947 341 01 Horažďovice, email@example.com e-mail address, phone 376 326 421.
In Prague on September 1, 2016
JUDr. Jaroslav Buriánek