Terms and Conditions

General business conditions of the company

AND.
Basic provision

1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. Of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code")

2005 s.r.o. - Bohemia design
Company ID: 24844764
Steuernummer: CZ24844764
with registered office: Na Folimance 2155/15, 120 00 Prague 2
registered at the Municipal Court in Prague, C 179704

place of business and contact details:
address: Kuňovice 43, 257 65 Čechtice
email: zakaznik@bohemia-design.com
phone number: +420 775 716 972
www: http://bohemia-design.com
(hereinafter referred to as the "seller")

2. These terms and conditions govern the mutual rights and obligations of the seller and a 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 a website available on the Internet. at https://e-shop.bohemia-design.com (hereinafter referred to as the "e-shop").
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 business conditions and the purchase contract are concluded in the Czech language.

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 ordinary mail. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.

2. The photos published on our website may differ partially or completely, they are only illustrative photos, some products may be taken for illustration with other accessories, but these accessories are not part of the product. You will find the exact specifications directly with the product. In case of any ambiguity, contact us in advance.
3. 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.
4. Information on the costs associated with the packaging and delivery of goods is published in the online store. 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.
5. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

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 in the following ways:
• through his customer account, if he has previously registered in the online store,
• by filling in the order form without registration.
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 "Complete order" button. The data provided in the order are considered correct by the seller.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email 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 email address. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the purchase contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.
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 email 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 email address 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 the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order in accordance with 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 email 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 email address of the seller.
9. The seller reserves the right to contact the customer by phone to verify or clarify the order, if, for example, a higher order value, any missing or inaccurate data, etc.

IV.
Customer's account

1. Based on the buyer's registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering in the customer's account 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 in the event of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement and these terms and conditions.
6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.

IN.
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 in the following ways:

Domestic payments
• cashless transfer to the bank account of the seller
No. 202951859/0600;
IBAN: CZ94 0600 0000 0002 2552 4972
swift: AGBACZPP
account name: 2005 s.r.o kept at MONETA Money bank, a.s
variable symbol: order number, or pre-invoice number

Foreign payments
account number: 225524972/0600
IBAN: CZ94 0600 0000 0002 2552 4972
Swift: AGBACZPP
Account name: 2005 s.r.o.
Use the order number as a variable symbol
the amount in EUR will be sent to you by e-mail no later than 24 hours after receiving the order (we follow the Moneta Money Bank exchange rate)

Foreign payment
Account number: 225524972/0600
IBAN: CZ94 0600 0000 0002 2552 4972
Swift: AGBACZPP
Account name: 2005 s.r.o.
variable symbol: Number of your order
Amount: the amount in EUR will be sent to you by e-mail no later than 24 hours after receiving your order (we follow the Moneta Money Bank rate)

• cash on delivery for handover goods (possible only in the Czech Republic).
2. Together with the purchase price, the buyer is obliged to reimburse the seller 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 in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days of concluding the purchase contract, otherwise the seller may cancel the purchase contract.
4. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
5. 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.
6. The goods are delivered to the buyer:
• to the address specified by the buyer in the order
• by personal collection at the address: 2005 s.r.o., Kuňovice 43, 25765 on working days MON-FRI 9:00 - 15:00. In this case, it is possible to pay for the order only in advance to the account.
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. Unless stated otherwise in the product description, all goods (in stock) are shipped within a maximum of 5-10 working days after receiving the order (if paid in advance within a maximum of 7 working days from receipt of payment).
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, buy them

 

VI.
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.
2. The period for withdrawal from the contract is 14 days
• from the date of receipt of the goods,
• from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not, inter alia, withdraw from the purchase contract:
• provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
• the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,
• on the delivery of goods that have been modified according to the wishes of the buyer or for his person, such as cables that are shortened to lengths according to the customer's wishes.
• goods that have been irretrievably mixed with other goods after delivery,
• delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,
• if the product has been damaged by improper installation or by handling and operation contrary to the user manual (if any).
• The product has been used in conditions that did not meet the parameters and requirements stated in the documentation (if any). The product was damaged by the elements.
• The product has been damaged by excessive loading or use contrary to the conditions stated in the documentation (if any).
• If you made a purchase for the purposes of the company (You entered the ID number in the order), then you are no longer a consumer, but a non-consumer. For this reason, according to the provisions of § 1829 of the Civil Code, the right to return the goods does not arise within 14 days of delivery of the goods.
• in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm to the buyer the receipt of the form.
6. 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 the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.
7. If the buyer withdraws from the contract, the seller will return the funds to him immediately, but no later than within 14 days of withdrawal from the contract, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if he does not incur additional costs.
8. 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.
9. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
10. 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 email 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 by mutual agreement of the buyer and the seller.

VII.
Defective performance rights

1. The contract between the seller and the buyer arises at the time of sending the order. Both parties are then bound by this contract and the customer is obliged to take over the goods. If the customer does not take over the goods, he finds himself in default of the creditor and according to §522 of the Civil Code is obliged to reimburse the costs incurred by the seller (ie postage, packing, and in case of ordering goods associated with this activity). The costs incurred in this way will, of course, be recovered.
2. The seller is responsible 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, the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising made by them,
• the goods are fit for purpose

 

VIII.
Complaints Procedure

1. Any complaints are governed by applicable law.
E.g. light bulbs
Power supplies (bulbs) are not covered by the warranty. The product states the service life declared in hours by the manufacturer. The service life stated in hours is an indicative aid of the manufacturer indicating the quality. Light bulbs age according to the lighting time: Their service life is calculated in hours and is relatively dependent on the number of on and off cycles. It is not measurable or derivable. The functionality of the power supply must be tested when ordering. Later complaints are not possible. Manufacturers do not accept resource complaints. Edison retro light bulbs are handmade, there are small abrasions and scratches, they do not affect the function and therefore are not a reason for complaint.
2. Send the goods as a recommended package to our address: 2005 s.r.o., Kuňovice 43, 257 65 Čechtice. Add the completed complaint form to the shipment and attach a copy of the tax document.

IX.
Delivery

1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

X.
Out-of-court dispute resolution

1. 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, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. 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 the 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 on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.

XI.
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. The seller is not bound by any codes of conduct in relation to the buyer 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.
8. We protect all data that we obtain about you and your purchases from misuse, we do not provide to anyone else (except for companies providing forwarding services or payments, which receive the necessary minimum information about the customer, necessary for the smooth processing of a specific order) and serves only for quality providing our services. We reserve the right to use your data to send information about discounts, news and other marketing activities. Each e-mail sent in this way contains instructions on how to simply tell us that you do not want this and prohibit us from using it. You also have the right at any time to notify us in writing of any changes, additions, requests to destroy all your personal data that you have previously provided to us.

9. By using our online store, you agree to the collection and use of personal data to the extent specified and you agree to the above rules.
10. A model form for withdrawal from the contract is attached to the terms and conditions.

These terms and conditions take effect on 1.5. 2018

 

CONTACT

IF YOU HAVE A QUESTION,
SEND US AN E-MAIL

zakaznik@bohemia-design.com

 

 

 

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