Terms and Conditions
Terms and Conditions of the business company Bohemia Crystal Glass, Pavel Jirovský
- Introductory Provisions
- User Account
- Conclusion of the Purchase Contract
- Price of Goods and Payment Terms
- Withdrawal from the Purchase Contract
- Transport and Delivery of Goods
- Rights from Defective Performance
- Other Rights and Obligations of the Contracting Parties
- Protection of Personal Data and Sending of Commercial Communications
- Sending Commercial Communications and Storing Cookies
- Delivery
- Final Provisions
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the business company Bohemia Crystal Glass, Pavel Jirovský, with its registered office at Oldřichovo nábřeží 159, 28506 Sázava, Identification Number: 71726462, registered in the Commercial Register kept by Benešov (hereinafter referred to as the "Seller"), regulate the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller at the internet address www.bohemiacrystal-eshop.com (hereinafter referred to as the "Website"), specifically through the website interface (hereinafter referred to as the "Store Web Interface").
1.2. The Terms and Conditions do not apply in cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods within their business activities or within their independent practice of a profession.
1.3. Provisions deviating from the Terms and Conditions can be agreed upon in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5. 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.
2. User Account
2.1. Based on the Buyer's registration made on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Store Web Interface allows it, the Buyer can also order goods without registration directly from the Store Web Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data specified in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 12 months, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. Conclusion of the Purchase Contract
3.1. All presentation of goods placed in the Store Web Interface is of an informative nature, and the Seller is not obliged to conclude a Purchase Contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code of the Czech Republic shall not apply.
3.2. The Store Web Interface contains information about goods, including the prices of individual goods and the cost of returning goods if these goods, by their nature, cannot be returned by standard postal mail. The prices of goods are listed inclusive of value-added tax and all related charges. The prices of goods remain valid as long as they are displayed in the Store Web Interface. This provision does not limit the Seller's possibility to conclude a Purchase Contract under individually negotiated conditions.
3.3. The Store Web Interface also contains information about the costs associated with the packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods provided in the Store Web Interface only applies in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills out an order form in the Store Web Interface. The order form contains particular information about:
3.4.1. the ordered goods (the Buyer "adds" the ordered goods into the electronic shopping cart of the Store Web Interface),
3.4.2. the method of payment of the purchase price of the goods, details about the required method of delivery of the ordered goods, and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data they entered into the Order, also concerning the Buyer's ability to identify and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "Confirm Order" button. The data presented in the Order are considered correct by the Seller. Immediately upon receipt of the Order, the Seller will confirm this receipt to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user interface or in the Order (hereinafter referred to as the "Buyer's Electronic Address").
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by electronic mail to the Buyer's Electronic Address.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with concluding the Purchase Contract (costs of internet connection, telephone call costs) shall be borne by the Buyer, and these costs do not differ from the basic rate.
4. Price of Goods and Payment Terms
4.1. The price of goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- cashless via the ComGate payment system;
- cashless by payment card;
- in cash or by payment card on delivery at the location specified by the Buyer in the Order;
- by bank transfer.
4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereafter also include the costs associated with the delivery of goods.
4.3. The Seller does not require a deposit or any similar payment from the Buyer. This does not affect the provision of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days from the conclusion of the Purchase Contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods specifying a variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. The Seller is entitled, especially in the event that the Buyer fails to provide additional confirmation of the Order (Art. 3.6), to demand payment of the full purchase price before dispatching the goods to the Buyer. The provisions of § 2119 para. 1 of the Civil Code of the Czech Republic shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be mutually combined.
4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document – invoice to the Buyer regarding payments made under the Purchase Contract. The Seller is a payer of value-added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it electronically to the Buyer's Electronic Address.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that under the provisions of § 1837 of the Civil Code of the Czech Republic, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods customized according to the Buyer's wishes or for their person, from a Purchase Contract for the supply of perishable goods, as well as goods which after delivery were irreversibly mixed with other goods, from a Purchase Contract for the supply of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygiene reasons, and from a Purchase Contract for the supply of an audio or video recording or a computer program if its original packaging has been breached.
5.2. Unless it is a case referred to in Article 5.1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right, in accordance with § 1829 para. 1 of the Civil Code of the Czech Republic, to withdraw from the Purchase Contract within fourteen (14) days from the receipt of goods, whereby in the event that the subject of the Purchase Contract involves several types of goods or delivery of several parts, this period begins on the day of receipt of the final delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer can use the standard form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract to the Seller's email address bohemia@bohemiacrystal-eshop.com.
5.3. In the event of withdrawal from the Purchase Contract according to Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the e-shop warehouse address: Pack Jack Fulfillment, Řepná 498/23, 321 00 Plzeň – Litice. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary mail due to their nature.
5.4. In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or by other means, provided the Buyer agrees and does not incur any additional costs. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the business owner.
5.4.1 Only the end consumer may withdraw from the contract. For goods purchased for a business ID (IČ), there is no legal entitlement to withdraw from the contract.
The Purchase Contract can be withdrawn from within a 14-day period without giving a reason and without any penalty.
The 14-day period begins upon taking over the goods. The time necessary for delivering the returned goods is not counted towards the 14-day period. The decisive factor is the day the withdrawal from the contract is dispatched.
The delivery of the returned goods is considered the moment when the notice of deposit of the package containing the withdrawal is delivered to the Seller.
5.5. The Seller is entitled to unilaterally offset a claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of § 1829 para. 1 of the Civil Code of the Czech Republic, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller will return the purchase price to the Buyer without undue delay, cashless to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, a donation agreement between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Contract, the donation agreement regarding such gift becomes ineffective, and the Buyer is required to return the provided gift along with the goods to the Seller.
5.8. The color and shade of the boxes in which products are delivered may vary based on supplier preferences. A different color or shade of the box does not constitute a reason for complaint or withdrawal from the contract.
6. Transport and Delivery of Goods
6.1. In the event that the method of transport is agreed upon based on the Buyer's special request, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Contract 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.
6.3. If it is necessary for reasons on the part of the Buyer to deliver the goods repeatedly or in a different manner than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another delivery method.
6.4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the Buyer is not required to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties regarding the transport of goods may be governed by the Seller's special delivery terms if they have been issued by the Seller.
7. Rights from Defective Performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by applicable generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code of the Czech Republic, and Act No. 634/1992 Coll., on Consumer Protection of the Czech Republic, as amended).
7.2. The Seller replies to the Buyer that the goods are free of defects upon receipt. Specifically, the Seller guarantees the Buyer that at the time the Buyer accepted the goods:
7.2.1. the goods possess the properties agreed upon by the parties, and lacking such an agreement, possess the properties that the Seller or manufacturer described or that the Buyer expected considering the nature of the goods and based on their advertising,
7.2.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model if the quality or design was determined according to an agreed sample or model,
7.2.4. the goods are supplied in appropriate quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions specified in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of used goods, to a defect corresponding to the degree of use or wear that the goods had when assumed by the Buyer, or if it results from the nature of the goods.
7.4. If a defect manifests within twelve (12) months from receipt, it is presumed that the goods were defective upon receipt. The Buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the Buyer at the Seller's premises, where accepting complaints is possible with respect to the range of goods sold, or possibly at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be governed by the Seller's Complaint Procedure.
8. Other Rights and Obligations of the Contracting Parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. 1 letter e) of the Civil Code of the Czech Republic.
8.3. The out-of-court resolution of consumer disputes from the Purchase Contract falls under the jurisdiction of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID Number: 000 20 869, internet address: http://www.coi.cz.
8.4. The Seller is authorized to sell goods based on a trade license. Trade control is carried out within its scope by the relevant Trade Licensing Office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. Within a defined scope, the Czech Trade Inspection Authority also oversees compliance with Act No. 634/1992 Coll. on Consumer Protection of the Czech Republic, as amended.
8.5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 para. 2 of the Civil Code of the Czech Republic.
9. Protection of Personal Data and Sending of Commercial Communications
- Its information obligation towards the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") related to processing the Buyer's personal data for the purpose of fulfilling the Purchase Contract, negotiating this contract, and for fulfilling the public obligations of the Seller is carried out by the Seller through a separate document.
10. Sending Commercial Communications and Storing Cookies
10.1. The Buyer consents to the sending of information related to the goods, services, or enterprise of the Seller to the Buyer's Electronic Address and further consents to the sending of commercial communications by the Seller to the Buyer's Electronic Address. The Seller complies with its information obligation to the Buyer pursuant to Article 13 of the GDPR regarding the processing of the Buyer's personal data for sending commercial communications via a separate document.
10.2. Storing cookies and reading them again requires the user's prior consent granted in compliance with the GDPR. Without the user's consent, only technical cookies strictly necessary for the service's functionality can be processed.
11. Delivery
11.1. The goods will be delivered to the Buyer at the address they entered into the Order via the order form. If it is an electronic gift voucher, after the order is paid, the voucher will be delivered to the Buyer's electronic address provided in the order form, as soon as possible, typically the following business day.
12. Final Provisions
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Seller's contact details: delivery address Oldřichovo nábřeží 159, 28506 Sázava, email address bohemia@bohemiacrystal-eshop.com, telephone +420 739 133 159.