TERMS AND CONDITIONS
Name: Bjež Original s.r.o.
Domicile: Dřevčice 174, 25001
Phone no.: +420 733 737 079
Contact address: Mladoboleslavská 958, Praha 9, 19700
registered in the Commercial Register with the Trade Licensing Office in Brandýs nad Labem – Stará Boleslav
- These general terms and conditions (hereinafter “terms and conditions”) refer to purchases in the online shop operated by the seller at www.bjez.cz (hereinafter “e-shop”), defining and specifying the rights and obligations of the buyer and the seller. The terms and conditions are publicly accessible to all.
- All contractual relations between the seller and the buyer are governed by the law of the Czech Republic, esp. the Civil Code, as amended (hereinafter “NCC”).
- Unless explicitly stated otherwise, for the purposes of these terms and conditions, under the NCC, a consumer is any person that enters into a contract with the seller beyond the scope of their work or deals with them in any other way (any such person is referred to as the “consumer” hereinafter.)
- The contractual relationship between the buyer and the seller is defined by the relevant legislation and the sales contract, which also includes these terms and conditions.
- The placement of the goods on offer on the e-shop´s website is considered an offer to conclude the sales contract, and the sales contract is entered into by the seller’s receipt of an order via the e-shop that the buyer placed, complete with all their details, confirmed and sent (hereinafter the “order”).
- The conclusion of a sales contract without agreeing on all the formalities defined by the NCC is not permitted under § 1726 of the NCC. The seller, pursuant to § 1740 art. 3) NCC shall not accept an offer with an addition or derogation.
- The seller is obliged to immediately confirm the receipt of the order to the e-mail address listed by the buyer in their order. Together with this confirmation, the seller shall send these terms and conditions to the buyer.
- By concluding the sales contract, an obligation arises for the seller to deliver the goods to the buyer and thus, permit them to acquire the right of ownership of the goods, and the buyer has an obligation to take over the goods and pay the seller the sales price.
- By concluding the sales contract, the buyer explicitly confirms that they are aware that these terms and conditions form an integral part of the sales contract and that they have read these terms and conditions in detail. The buyer has been sufficiently informed of the existence of these terms and conditions before entering in the sales contract and has had the opportunity to read them in full.
If the goods are listed as “in stock”, we send the goods within 5 days of receiving the payment on our account, or send them for cash on delivery. If the goods are not in stock or is custom-made, we will (after our confirmation) deliver them within 4 weeks of receiving the order together with a 50% deposit from the final price of the order. The buyer agrees that the seller will provide the selected carrier with details about the buyer, in the extent necessary to deliver the goods. The seller will package the goods at their own expense and mark it in the way agreed upon in the sales contract, or the manner usual to the method of delivery and use. The buyer is obliged to take over and pay for the goods. We recommend that the packaging and contents be checked upon delivery. If the cover has been damaged or there are other issues, we recommend that you claim this with the Czech Post or the carrier in question. Documentation pertaining to the goods (invoice from the e-shop) will be sent together with your order confirmation in electronic form. If, for reasons on the side of the buyer, the goods must be delivered repeatedly or differently than stated in the order, the buyer must pay the cost related to repeated delivery or costs related to the change in delivery method.
- we can agree on personal pickup (beforehand!) in the shop of the seller, Mladoboleslavská 958, Praha 9 Kbely
- or we will send it via post/carrier after receiving the price on our bank account.
- The details about the goods and the description of their main features are always listed in the e-shop.
- The price of the goods is always listed directly in the e-shop. The price includes all taxes and fees. Under conditions defined in these terms and conditions, besides the price of the goods, seller will charge the buyer fees related to the delivery.
- The sales price of the goods will be agreed upon in all sales contracts. The price will correspond to the price listed in the e-shop at the time the buyer sent the order. The seller may change the price of the goods but it will not change the price of goods that is already the subject of a sales contract.
The price of the goods and fees related to the delivery of the goods can be paid by the buyer in the following ways:
- by bank transfer to our account no.: (EUR) 2801747621/2010 , IBAN CZ2620100000002801747621 at Fio Bank. (For goods oredered in Czech crowns, pls use CZK account 2601747619/2010)
- by cash on delivery by the carrier
- in cash (after per previous agreement) in the seller’s shop in Mladoboleslavská 958, Prague 9 Kbely
- by cash (after previous agreement!) at an event we participate on
- Unless agreed otherwise, the seller sends the goods to the address specified in the order. We always inform the buyer about the dispatch of their order at their e-mail address, specified in the order.
- On delivery, the buyer must check that the packaging materials are undamaged and notify the carrier without delay if any damage is found. If he/she does not do so, further complaints cannot be accepted. Damages caused in transport are not the responsibility of the seller.
- The right of ownership is transferred onto the buyer at the moment of payment of the sales price and the takeover.
- The seller is not liable for delayed delivery caused by the carrier or not notifying you in your mailbox – we always inform you that your order has been sent. Therefore, if you are in doubt about the delivery, you should contact your local post office first. The standard period for storing your parcel is 15 days. In case we get your shipment back (with previous payment), even if we informed the buyer beforehand, any further expenses will be charged to the buyer.
- We would like to inform you that all orders made in the bjež.cz e-shop are binding and that placing an order is legally comparable to concluding a sales contract. If customer orders goods and does not pick up a parcel sent via “cash on delivery” method, expenses will be claimed, as well as an additional fee(a contractual fine) of 100 CZK.
Transfer of ownership
- If the buyer is a consumer, the right of ownership, as well as the risk, passes to the buyer at the time when the goods are delivered by the selected carrier.
- If the buyer is not a consumer, the seller will deliver the goods to the buyer by handing them over to the selected carrier for transport to the buyer and will make it possible for the buyer to employ the rights from the transport contract with the carrier. If the buyer is not the consumer, the risk passes to them at the time when the goods are handed to the selected carrier for transport to the place stated in the order.
Team headbands (customised products)
We produce team headbands/scarves based on your wishes, with your logo, images and graphics. In this case, it is therefore not possible to use the statutory period of 14 days to withdraw from the purchase contract. There is a discount on team headbands – reflecting number of pieces oredered. The discount applies to one unique design / color. In the case of order more than 22 pieces, the graphic and print preparation is free. With a lower number of ordered pieces, it is CZK 500 without VAT. In case of an unrealized order, the customer agrees to pay for graphic work in the amount of 500 CZK / hour without VAT. If the customer wishes to make a change in the graphic design after approval of the design, he agrees to pay for graphic work in the amount of 500 CZK / hour without VAT. (This costs will be added to the total amount and stated on the invoice). For full conditions please contact us at firstname.lastname@example.org.
Withdrawal from the contract
The seller will deliver the goods to the buyer in quantity, quality and design, as agreed in the purchase contract. If the quality and design are not agreed, the seller performs in the quality and design suitable for the purpose apparent from the purchase contract; otherwise for the usual purpose. The provisions of this article of the terms and conditions apply exclusively to the buyer, who is a consumer. Thus, when the term “consumer” is used later in this article, it means a buyer who is a consumer.
The consumer has the right to withdraw from the purchase contract without giving a reason within 14 days, unless the products are made to measure, for which the statutory period of 14 days to withdraw from the purchase contract cannot be used. The period, according to the first sentence, runs from the date of receipt of the goods, and if the subject of the purchase contract is the delivery of several types (items) of goods, the period runs from the date of receipt of the last delivery of goods. The withdrawal period is considered to be maintained if the consumer sends a notice to the seller during the withdrawal that he is withdrawing from the purchase contract.
If the consumer withdraws from the purchase contract, he shall send or hand over to the seller without undue delay, no later than fourteen days after the withdrawal from the contract, the goods which he has received from him.
In such a case, the consumer bears the cost of returning the goods in question to the seller.
If the consumer withdraws from the purchase contract, the seller shall return to him without undue delay, no later than fourteen days after the withdrawal from the contract, all funds, including the cost of delivery of goods received from him under the purchase contract, in the same way. The seller will return the money received to the consumer in another way only if the consumer has agreed and if he does not incur additional costs.
If the consumer withdraws from part of the purchase contract, ie if he does not return all the items of the order, but only some, then the seller does not return the money received from him for the purpose of delivery of goods.
If the consumer withdraws from the purchase contract, the seller is not obliged to return the money received to the consumer before the consumer hands over the goods or proves that he sent it to the seller.
Withdrawal from the purchase contract is only possible in writing sent by email at email@example.com or by mail to our address BJEŽ Original s.r.o., Mladoboleslavská 958, 197 00 Prague 9.
Withdrawal from the contract must include the order number, name, address of the buyer and the required method of refund, including the number of the buyer’s bank account. We will be happy if you write us the reason for returning the goods, but it is not necessary. Send the consignment in your own interest as a registered package with insurance for the value of the goods (in case of loss or impairment of the package, it is possible to reclaim the consignment at the post office).
The shipment may not be sent cash on delivery, in which case it will not be accepted and will be returned to you.
Returned goods must be complete, preferably in the original packaging, must not show signs of wear or damage.
The consumer is liable to the seller only for the reduction in the value of the goods in question, which arose as a result of handling these goods differently than it is necessary to treat them with regard to their nature and properties.
If the returned goods are damaged by a breach of the buyer’s obligations, the seller is entitled to claim from the buyer compensation for the reduction in the value of the goods and set it off against the amount returned.
Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer for undelivered items, without undue delay, in cash to the account designated by the buyer. In the event of non-delivery of the entire order, the seller returns to the buyer the price, including the funds received from him to ensure the transport of the order.
Complaints – procedure
The provisions of this article of the terms and conditions apply exclusively to the buyer, who is a consumer. Thus, when the term “consumer” is used later in this article, it means a buyer who is a consumer.
By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to the complaint procedure, which is an integral part of these terms and conditions.
The buyer’s claims for defects in the goods (including the method of handling complaints) are governed by the relevant provisions of the Civil Code.
The seller responds to the buyer – the consumer that the goods are free of defects upon receipt. If the goods taken over have defects, they are defects of the goods. This does not apply to goods sold at a lower price due to the defect for which the lower price was agreed.
Within 24 months of receipt of the goods, the buyer can file a complaint and, at his option, demand a defect that means a material breach of contract:
1) elimination of the defect by delivery of a new item without a defect or by delivery of a missing item;
2) free removal of the defect by repair;
3) a reasonable discount from the purchase price; or
4) refund of the purchase price on the basis of withdrawal from the contract.
Substantial is a breach of contract which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
The buyer is obliged to exercise the rights arising from defective performance (complaint) with the seller without undue delay from the discovery of the defect.
Complaints can be made in person at the address of the establishment, or by sending the goods and the complaint to the address: BJEŽ Original s.r.o., Mladoboleslavská 958, 19700 Prague 9, Czech Republic. The buyer must submit their complaint with the seller without undue delay after finding out about the shortcomings of the product. In the complaint please provide your contact details, the description of the problem, and your preffered option for the settlement of the claim.
Complained goods sent back via cash on delivery method or to another address will not be accepted. Postage and other possible costs associated with the delivery of the claimed goods back to the seller are not returned to the consumer.
The buyer is obliged to prove the purchase of goods (proof of purchase).
The deadline for settling the complaint runs from the handover / delivery of the goods to the seller. The goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete.
Complaints, including the elimination of defects, the seller will handle without undue delay, no later than 30 days from its application, unless they agree in writing with the buyer on a longer period.
The seller will issue a written confirmation to the buyer – consumer about the complaint and its settlement, stating when the complaint was made, what its content is and what method of handling the complaint the consumer requires, the date and method of handling the complaint.
The warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the life of the product. The service life of the goods represents the susceptibility to wear caused by normal use. Product life may not be covered by the term warranty period.
The seller is not obliged to comply with the complaint if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
By entering in the sales contract, the buyer consents to have their personal and other information gained from the order and during the commercial contact (hereinafter “personal information” ) stored in the database of company Bjež Original s.r.o., residing in Dřevčice 174, Brandýs nad Labem, PSČ 25001, IČ: 08830541 (hereinafter “administrator”) and processed. The personal information will be processed for commercial and marketing purposes of Bjež Original s.r.o. , including sales offers and services, as well as sending commercial communications via electronic means, among others, pursuant to Act no. 480/2004 Coll., on certain information society services (especially e-mail and SMS) The consent is given until it is revoked. The subject of the data is aware of their rights under provisions of Act no. 101/2000 Coll. on the Protection of Personal Data, i.e. especially that giving personal data is voluntary, the consent may be revoked at any time free of charge in written form at the address of the administrator and that they have the right to access their personal data.
Any subject of data who finds out or assumes that the administrator or the processor is using their personal data in a way that is contrary to the protection of the personal and private life of the subject or against the law, may a) ask the administrator for an explanation, b) ask for the situation to be remedied; this may especially mean blocking, correcting, adding to or erasing said personal data.
In case of doubts that the administrator or processor is respecting their rights, the subject may contact them or contact the Office for the Protection of Personal Data directly. The Czech Trade Inspection authority, residing at Štěpánská 567/15, 120 0 Praha 2, IČ: 000 20 869, internet address: http://www.coi.cz is responsible for the out-of-court settlement of consumer disputes (i.e. mainly disputes linked to the sales contract).
The seller has the right to change the terms and conditions at any time. For a specific sales contract, the terms and conditions valid at the moment of entering into the sales contract are relevant.
These terms and conditions come into force on 22.3.2021