TERMS AND CONDITIONS
Name: Bjež Original s.r.o.
Domicile: Dřevčice 174, 25001
Phone no.: +420 733 737 079
Contact address: Železnobrodská 148/21, 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”), provision § 1820 and the following.
- 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.)
Please, respect our copyright.
- 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 website of the e-shop 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 entering in 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, Železnobrodská 148/21, Praha 9 Kbely
- or we will send it via the Czech Post after receiving the price on our bank account. Shipping costs 95 CZK, as per the price list of Czech Post.
- Shipping is also possible with Zásilkovna following a bank transfer to the seller’s bank account. The price of this service is 55 CZK.
- 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, the seller will charge the buyer fees beside the price of the goods 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 possible additional fees related to the delivery of the goods can be paid by the buyer in the following ways:
- bank transfer to our account no. CZK 2601747619/2010, IBAN CZ8920100000002601747619 EUR 2901258219/2010 IBAN CZ0220100000002901258219 at Fio Bank.
- cash on delivery by the carrier (Czech Post)
- cash (as per previous agreement) in the seller’s shop in Železnobrodská 148/21, Prague 9 Kbely
- cash (after previous agreement!) at an event we attend
- the seller sends all the orders as a registered parcel via Czech Post. 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 when sending 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 they do 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 by the Czech Post 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 you 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. Where a customer orders goods and does not pick up a parcel sent cash on delivery, expenses will be claimed, as well as an additional fee(a contractual fine) of 100 CZK.
- If the buyer is the 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 the consumer, the seller will deliver the goods to the buyer by handing them 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.
The seller will deliver goods to the buyer in the amount, quality and style agreed upon in the sales contract. If the quality and style are not agreed, the seller will fulfil the order in the quality and style appropriate for the purpose apparent from the sales contract; otherwise for the usual purpose. The claims of the buyer related to damage of the goods (and the manner of settling these claims) is governed by the relevant provisions of the NCC.
Provisions of this article VIII. of the terms and conditions only apply to a buyer who is also the consumer. Therefore, if the word “consumer” appears later on, it means a buyer who is a consumer also.
The consumer has the right to withdraw from the sales contract within 14 days. The time period starts on the day of receiving the goods, and if the subject of the sales contract are several kinds of goods (items), the period starts on the day of delivery of the last item. The period for withdrawal is considered maintained if the consumer sends a notice to the seller that they are withdrawing from the contract.
If the consumer withdraws from the sales contract, they shall send or hand over the goods to the seller that they received, within 14 days of withdrawing. The costs of returning the goods in question to the seller are to be paid by customer in this case.
If the customer withdraws from the sales contract, the seller will return, without undue delay and within 14 days of the withdrawal, all the funds, including the costs of delivery that the seller received based on the sales contract, in the same way. The seller may only return the money in a different way if the consumer agrees and does not incur other costs.
The customer is only responsible for the decrease in value that was caused by use of said goods in a different way than i necessary, considering its character and features.
If the customer withdraws from the sales contract, the seller does not have to return the money before the customer returns the goods or proves that they have sent them to the seller.
It is only possible to return the goods in written form, via post to our address above.
The withdrawal from the contract must include the order number, name, address of the buyer and the required way of returning the money, including the bank account number of the buyer. We will be glad to learn the reason you are returning the goods, but it is not necessary.
In your own interest, send the parcel as registered and insured for the value of the goods (in case it is lost or damaged, it can be claimed at the post office).
The parcel must not be sent cash on delivery, otherwise it will not be accepted and it will go back to you.
The goods must be returned (not cash on delivery) complete, in their original packaging, and must not be apparently worn or damaged.
If the returned goods are damaged due to customer non-compliance, the seller is entitled to claim compensation for the decrease in the value of the goods and offset it against the returned amount.
Until the buyer receives the goods, the seller may withdraw from the sales contract at any time. In such a case, the seller will return the sales price without undue delay, via bank transfer to the bank account specified by the buyer.
The buyer must submit their complaint with the seller without undue delay after finding out about the shortcomings of the product. If they do so in writing or in electronic form, they should list their contact details, the description of the problem, and the requirement for the settlement of the claim.
The buyer is obliged to prove the purchase of the goods (with an invoice). The period for the settlement starts from the moment of hand-over/delivery of the goods to the seller. The goods should be packed in a suitable material to avoid damage, it should be clean and complete.
The complaint, including resolving the defect, will be resolved without undue delay, within 30 days of submitting the claim, unless the buyer and the seller agree on a longer period. 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 § 11 and § 21 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 01.02.2016.