BOKI Industries a.s.
Na Perštýně 2, 110 00 Prague 1
Business terms and conditions for sale of goods via the e-shop on the www.eshopde.bokiindustries.com website
1. BASIC PROVISIONS
These Terms and Conditions govern relations between the parties to a purchase contract, where the e-shop operator:
BOKI Industries a.s.
Registered number: 25767101
Registered office: Na Perštýně 362/2, Staré Město, 110 00 Prague 1,
Entered in the Commercial Register maintained by the Municipal Court in Prague, file ref. B 5950
as the seller (hereinafter the “Seller”), is on the one part
and a buyer and/or client, who may be a consumer (hereinafter the “Buyer”), is on the other part.
A consumer is a person who, outside the framework of his business activities or outside the framework of the independent performance of his profession, concludes a contract with an entrepreneur or deals with him in another manner.
Legal relations between the Seller and a consumer not expressly set out by these General Terms and Conditions of Business (hereinafter the “Terms and Conditions”) are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.
An entrepreneur is an entity that independently performs, on its own account and at its own responsibility, gainful activity in a trading or similar manner with the intention to do so systematically for the purpose of making a profit.
Every person that concludes contracts related to his own business, production or similar activities or during the independent performance of his profession or a person that is acting on behalf of or on the account of an entrepreneur is regarded as being an entrepreneur.
A person entered in the Commercial Register and/or a person that has a trading licence or other licence in accordance with another act is regarded as an entrepreneur.
Legal relations between the Seller and a Buyer that is an entrepreneur not expressly set out by these Terms and Conditions or the contract between the Seller and Buyer are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, as well as related regulations. In the event of any differences between the General Terms and Conditions and an individual contract, the text of the individual contract has priority.
By placing an order, the Buyer confirms that it has familiarised itself with these Terms and Conditions and that it agrees to them, with the text valid and effective at the moment the order is sent.
The Buyer is aware that the purchase of products that are offered for sale by the Seller does not give it any rights to use registered trademarks, trading names, company logos or patents of the Seller or other companies, unless agreed otherwise in a specific case under a separate contract.
If the Buyer is a consumer, the proposal for the conclusion of a purchase contract is the placement of the goods offered by the Seller at the website, the purchase contract arises upon the sending of an order by a Buyer that is a consumer and the acceptance of the order by the Seller. The Seller will promptly confirm such acceptance to the Buyer in an informative e-mail to the e-mail address input, although such confirmation does not have an influence on the arising of a contract. The contract arising (including the agreed price) can be altered or cancelled only based on an agreement between the parties or based on statutory reasons.
If the Buyer is an entrepreneur, the proposal for the conclusion of a purchase contract is an order for goods sent by the Buyer, an entrepreneur, and the purchase contract is concluded at the moment of delivery of a binding consent of the Seller to the Buyer, an entrepreneur, to such proposal.
Relations and any disputes that arise based on the contract will be resolved solely in accordance with the valid law of the Czech Republic and will be resolved by the courts of the Czech Republic. This is without prejudice to cases where the Buyer is a consumer and has his usual residence in a country other than the Czech Republic; the selection of law or a court will not be permissible.
The contract is concluded in the Czech language. If the Buyer requires a translation of the text of the contract, in the event of a dispute about the interpretation of terms the interpretation of the contract in the Czech language will apply.
A concluded contract is archived by the Seller for a period of no less than five years from its conclusion, but no longer than a period in accordance with the relevant legal regulations, for the purpose of its successful performance, and it is not accessible to uninvolved third parties. Information about individual technical steps leading to the conclusion of a contract is evident from these Terms and Conditions, where this process is comprehensibly described. A Buyer has the chance, before sending an order, to check it or alter it.
The costs of using means of remote communication (telephone, internet, etc.) for realising an order are in the ordinary amount, depending on the tariff for telecommunication services that the Buyer uses.
2. INFORMATION SECURITY AND PROTECTION
The Seller declares that all personal data are confidential, will be used only in the manner stated in a separate statement of the Seller for personal data processing or based on a consent of the Buyer provided as a part of a purchase. You can find advice on personal data processing here:
3. BUSINESS HOURS
Orders over the Seller’s e-shop: 24 hours a day, 7 days a week.
All prices are contractual. In the online e-shop the prices are always current and valid. The prices are final, i.e. including VAT or all other taxes and charges that a consumer has to pay to obtain goods, this does not concern any transport charges, etc.
Special offer prices apply while stocks last if the number of goods on special offer is stated or for a determined period of time.
The Buyer will get goods for the price valid at the time of ordering. A Buyer that is a consumer has the opportunity, before making an order, to familiarise himself with the total price including VAT and all other charges. This price will be stated in the order and in a message confirming the acceptance of an order for goods. A Buyer that is a consumer has the opportunity, before making an order, to familiarise himself with the information about for what time an offer or price remains valid.
An order can be made in the following ways:
- Using the e-shop at the link (hereinafter the “E-shop”)
- By e-mail email@example.com
6. WITHDRAWAL FROM CONTRACT
Withdrawal from the contract by a Buyer that is a consumer
A Buyer that is a consumer is entitled, in accordance with Section 1829(1) of the Civil Code, to withdraw from the contract within 14 days of the acceptance of goods, if the contract was concluded using means of remote communication. A Buyer that is a consumer is not entitled to withdraw from a contract in the event of the delivery of goods that are adjusted in accordance with his wishes or for his person in accordance with Section 1837(d) of the Civil Code.
If a consumer decides to exercise the right to withdraw, withdrawal from the contract must be sent to the Seller no later than 14 days after the acceptance of the goods. In the event of withdrawal from the contract, the withdrawing consumer bears the costs related to the return of the goods.
In the event of withdrawal from the contract, send the goods to the address:
BOKI Industries a.s.
Okružní 600, 285 22 Zruč nad Sázavou
For withdrawal from the contract it is possible to use the e-mail address firstname.lastname@example.org
Goods should be returned by the withdrawing consumer in full, with complete documentation, undamaged, clean, including the original packaging, in the state and amount in which the goods were accepted. In the event that the goods are returned incomplete or damaged, the Seller can reduce the returned purchase price by a corresponding amount (in accordance with Section 1833 of the Civil Code).
Money for returned goods, including the costs of delivery of goods, will be returned to a Buyer that is a consumer within 14 days of withdrawal. If the withdrawing consumer chose, when buying goods, a method of delivery of goods that the Seller offers other than the cheapest one, the Seller will return to the withdrawing consumer the costs of delivery of the goods in an amount corresponding to the cheapest method of delivery of goods offered. The Seller, however, is not obligated to return monies received to a withdrawing consumer before the withdrawing consumer hands the goods over to it or proves that he has sent the goods to the Seller.
If the Buyer decides to withdraw by the aforementioned deadline, we recommend, in order to accelerate withdrawal from the contract, the delivery of goods to the Seller’s address together with an attached accompanying letter with the reason for withdrawal from the purchase contract (this is not a condition), with the number of the purchase document and the specification of a bank account number or a statement that the amount will be taken in cash or used for a further purchase.
The Buyer takes note of the fact that if gifts are provided with the goods the gift contract between the Seller and the Buyer is concluded with the condition that, if the consumer’s right to withdraw in accordance with Section 1829(1) of the Civil Code is exercised the gift contract ceases to have effect and the Buyer is obligated, together with the goods, to return related gifts provided.
In the event that they are not returned, such values will be regarded as unreasonable enrichment for the Buyer.
If the aforementioned conditions are met for the return of goods, the Buyer will be entitled to the return of financial amounts paid related to the returned goods that will be returned to the Buyer no later than 14 days after withdrawal from the contract. If an account number is not stated, an amount will be automatically prepared for drawing by the same deadline through another purchase or for collection in cash based on the submission of an original credit note, which will be sent to the customer without undue delay after withdrawal from the purchase contract is dealt with.
If a credit note is issued, the Buyer can be asked for an ID card (hereinafter an “ID Card”) for the purpose of protecting the Buyer’s ownership rights. By submitting an ID Card the Buyer consents to the processing of personal data in accordance with Section II (personal data within the meaning of Section 4(a) of Act No. 101/2000 Coll., on personal data protection).
7. PAYMENT TERMS AND CONDITIONS
The Seller accepts the following payment terms and conditions:
- Payment by debit or credit card;
- Payment in advance by bank transfer;
- Cash on delivery of the goods (the cash is accepted from the customer by the carrier—the Buyer also pays a CoD fee).
The goods remain the Seller’s property until payment and acceptance in full, but the risk of damage to property is transferred to the Buyer upon acceptance.
8. TERMS AND CONDITIONS OF DELIVERY
Sending by forwarding service - GEIS:
The goods can be sent to the Buyer by a forwarding service. The carrier usually (not in every case) delivers consignments anywhere in the Czech Republic within 24 hours of notification of the dispatch of a consignment. The price of transport is governed by the pricelist current on the day of ordering. If the goods are not delivered to the Buyer for reasons on the Seller’s part within five business days, unless agreed otherwise (if the conditions are met and after taking all the necessary steps by the consumer, in particular payment in advance, if this form is selected), the Buyer is entitled to withdraw from the contract (without prejudice to his other rights, such as a right to compensation for damage).
A Buyer that is an entrepreneur is obligated (it is recommended that a Buyer that is a consumer also do this) to promptly, upon delivery, check the state of a consignment with the carrier (number of packages, seals have not been breached, box is not damaged) in accordance with the attached delivery sheet. The Buyer is obligated to refuse to accept a consignment that is not in compliance with a purchase contract if the consignment is, for example, incomplete or damaged. If the Buyer accepts such damaged consignment from the carrier, it is necessary to describe the damage in the carrier’s handover record.
An incomplete or damaged consignment should be promptly notified by e-mail to the address:
and draft a damage record with the carrier and send it, without undue delay, by e-mail or post to the Seller. Subsequent complaints about incompleteness or external damage to a consignment do not prevent the Buyer from complaining about an item, but they give the Seller the opportunity to prove that it is not a conflict with the purchase contract.
PRICE OF TRANSPORT:
Registered GIES consignment—price in accordance with the pricelist current on the day of ordering.
9. LIABILITY FOR DEFECTS, WARRANTY, PROCEDURE FOR COMPLAINTS
Liability for defects, the warranty and the procedure for complaints are governed by the Complaint Rules.
10. Out-of-Court Dispute Resolution
In accordance with Section 20d of Act No. 634/1992 Coll., on consumer protection, every Buyer that is a consumer is entitled to the out-of-court resolution of a consumer dispute with the Seller arising from a purchase contract (hereinafter a “Dispute”), unless it concerns medicinal or medical products.
Out-of-court resolution of consumer disputes under a purchase contract can be performed by the Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, registered number: 000 20 869, website: http://www.coi.cz (hereinafter the “CTIA”). The online dispute resolution platform at the website http://ec.europa.eu/consumers/odr can be used for the resolution of disputes between the Seller and a Buyer under a purchase contract.
Out-of-court dispute resolution is commenced at the Buyer’s proposal, which the Buyer is entitled to submit no later than one year after the day it exercised the right that is the subject of the dispute regarding the Seller for the first time.
Further information about the requisites of a proposal for the start of a dispute and the method of conducting it are stated in Sections 20d to 20h of Act No. 634/1992 Coll., on consumer protection.
11. Supervisory Body, Complaint Resolution
The supervisory body that supervises the Seller’s activities is:
Czech Trade Inspection Authority
120 00 Prague 2
It is possible to contact this body with complaints about the Seller’s activities in the cases stated by generally binding regulations.
A complaint about the activities of the Seller’s shop can also be directed to the Seller, at the address: email@example.com
12. Concluding Provisions
These Terms and Conditions of Business are valid and effective from 22.04. 2020. The Seller reserves the right to amend the Terms and Conditions without prior notification.
Prague, 22.04. 2020
BOKI Industries a.s.