I. Basic provision
1. These general business conditions (hereinafter referred to as “business conditions”) are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”)
Boho elements s.r.o.
Company ID: 05683173 Tax ID: CZ05683173
with registered office: Ondříčkova 2361/6, 130 00 Prague 3
web: www.boho.cz (hereinafter referred to as the “seller”)
2. These terms and conditions govern the mutual rights and obligations of the seller and the natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter “buyer”) through a web interface located on the website available at boho .cz (hereinafter referred to as the “online store”).
3. The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in Czech and English
II. Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main properties, are given for individual goods in the online store catalog. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
3. Information on the costs associated with the packaging and delivery of goods is published in the online store – Delivery and Shipping. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic, Slovak Republic, rest of Europe.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
5. All goods sold are pre-used, pre-owned or second-handed and in condition according to it. The condition is stated in description of the goods.
III. Ordering and concluding a purchase contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer orders the goods as follows:
– by filling in the order form
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the Buy button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded only after the acceptance of the order by the seller. Notice of receipt of the order is delivered to the buyer’s e-mail address.
6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer’s e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer’s confirmation of acceptance of this offer to the seller to his e-mail address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order via the e-mail of the seller specified in these terms and conditions.
8. In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the e-mail address of the seller.
IV. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay as follows:
-cashless payment, direct bank transfer, card
2. Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
3. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
4. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
5. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
6. The goods are delivered to the buyer:
-to the address specified by the buyer of the order
-through the consignment dispenser to the dispensing address specified by the buyer
-personal collection at the seller’s premises.
7. The choice of delivery method is made during the ordering of goods.
8. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer’s order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
9. If, according to the purchase contract, 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 upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
10. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
11. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer’s e-mail address.
12. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.
13. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
V. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
12. The deadline for withdrawal from the contract is 14 days
-from the day of receipt of the goods,
-from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
-from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period to the e-mail address firstname.lastname@example.org or in person at the stone shop at BOHO cafe & store, Ondříčkova 6, Prague 130 00.
4. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller.
5. If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days from the withdrawal from the contract, all funds spent on the purchase of the product.
6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
7. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer .
8. The address for returning the goods is:
BOHO cafe & store
130 00 Prague 3
VI. Defective performance rights
1. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
-the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
-the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
– the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
-the goods are in the appropriate quantity, measure or weight, and
-the goods comply with the requirements of legal regulations.
2. If the defect becomes apparent within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision 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 of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or this due to the nature of the goods.
3. In the event of a defect, the buyer may submit a complaint to the seller and request:
-exchange for new goods,
-repair of goods,
-a reasonable discount from the purchase price,
-withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
-if the goods have a substantial defect which were not mentioned in the description of the goods,
-if he cannot use the thing properly due to the recurrence of the defect or defects after repair,
-in case of a larger number of defects of the goods, which were not mentioned in the description of the goods.
5. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint requires the buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
6. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
7. The seller informs the buyer in writing about the result of the complaint.
8. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
9. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.
10. The buyer has the choice of the method of complaint.
11. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
1. The Contracting Parties may deliver all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the e-mail address specified in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.
VIII. Personal data
1. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the buyer’s data other than for the purpose of performance of the contract, except for e-mail addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These messages can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail or by clicking on a link in the commercial message). The e-mail address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.
IX. Out-of-court dispute resolution
1. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
2. European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21. May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
X. Final provisions
1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions take effect on 23.10. 2020