1.1 According to the provisions of §1751 paragraph 1 Act. no. 89/2012 Coll. (Civil Code), as amended, BOD BOD BOD s.r.o. publishes these terms and conditions, which are an integral part of the purchase contract between BOD BOD BOD s.r.o., based in Křížkovského 1584/18, 130 00 Praha 3, ID: 02777819, VAT: CZ02777819, registered under File No. C 223662 in the Commercial Register kept by the Municipal Court in Prague (referred to as the seller) on one side and the buyer on the other.
1.2 The buyer is a natural or legal person who enters into a purchase agreement with the seller through the online store located at: www.botas66.com (the eshop).
1.3 The buyer confirms by completing the purchase contract that he is familiar with the full length of these terms and conditions, he understands them and fully agree with them.
1.4 The seller is entitled to change the text of these terms and conditions at any time. The buyer is bound by the terms of the contract terms current at the time of the conclusion of the contract.
2 USER ACCOUNT
2.1 Upon the registration of the buyer on the website of the eshop, the buyer can access their user interface (user account) and order goods. Buyers can also order goods without registration.
2.2 During the registration and ordering of goods, the buyer is obliged to provide all information truthfully and update the registered data when they change. The data given in the buyer’s user account and during ordering goods are believed to be 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 the user account.
2.4 The buyer is not entitled to allow the use of a user account to third parties.
3 CONCLUSION OF THE PURCHASE AGREEMENT
3.1 By selecting goods from the seller’s offer and subsequently ordering (by filling out the ordering form) the buyer gives the seller a proposal to close a purchase contract. The purchase contract between the seller and the buyer is concluded upon acceptance of this proposal, namely by the confirmation of the order by the seller. The buyer can track the status of his order via the internet link, which is sent to him by e-mail on the date of the order. The moment the seller confirms the order, the order status changes from “pending” to “confirmed”. In the event that the seller does not make this confirmation, it is understood that the contract has not been concluded.
3.2 The order form contains a description of the goods, the price of the goods, the method and cost of transportation of goods and a space for completing the identification data of the buyer.
3.3 Identification information of the buyer are especially his first and last name (or company name and identification number), address (or address of registered office), phone number, email address and delivery address.
3.4 The price of any goods offered at the eshop by the seller is inclusive of VAT and all taxes associated with the sale (with the exception of the transport and handling, which is listed separately). The price of the product is valid for the period of its listing on the eshop of the seller.
3.5 Fixed exchange rate of the currencies CZK and EUR is flatly set on 24:1.
3.6 For the validity of the order it is required to fill out all the formalities of the ordering form, including the agreement to the text of these terms and conditions.
3.7 The seller is entitled to ask the buyer for a telephone or written confirmation of his order during relevant circumstances before confirming the order and therefore closing the purchase account.
3.8 By closing the purchase contract the seller is obliged to give the merchandise to the buyer and the buyer is obliged to pay the seller the agreed price for the goods. The buyer acquires ownership of the goods by paying the entire purchase price.
4 SHIPPING AND PAYMENT
Price of the goods and any costs associated with the delivery of the goods can be payed by the buyer to the seller by the following ways according to the contract:
– Cash or credit card at the BOTAS 66 store at Skořepka 4, Prague 1. In the case that the buyer fails to pick up the goods within three working days from the date of conclusion of the contract, the order is canceled.
– Bank transfer to our account (IBAN: CZ7420100000002300569679, BIC: FIOBCZPPXXX) at Fio banka a.s. The order number serves as a variable symbol for the payment. If the amount corresponding to the price of goods is not credited to the account of the seller within 1 week from the date of conclusion of the contract, the order is canceled.
– By credit card online through the GP WebPay system
Any discounts from the price of goods cannot be combined.
4.2 Methods of transport
Together with the price of goods, the buyer is obliged to pay the costs associated with the delivery of the purchased goods. Unless it is stated otherwise, the purchase price is understood as the price of the goods and the costs associated with the delivery of goods. The methods and transport prices are following:
– Personal Pickup at the BOTAS 66 store at Křížkovského 18, Prague 3 or Skořepka 4, Prague 1 (free)
– GLS messenger service (CZ: FREE on orders above 42 EUR (otherwise 3 EUR); Slovakia: 7 EUR; EU countries: 15 EUR; Non-EU countries: 35 EUR; America, Australia, Asia: 60 EUR)
– Czech post / parcel to the post office (CZ: 5 EUR, Slovakia: 10 EUR)
The goods are usually dispatched within 1–2 workdays after the order. The length of the transport and the conditions shall be governed by the terms of individual agents. When ordering in the Czech Republic, the parcel usually arrives the next workday after dispatch. Shipping to Slovakia and other EU countries takes 2–3 working days. The seller reserves the right to dispatch goods to EU countries (except Slovakia) in 4–5 workdays.
5 RETURN AND EXCHANGE OF GOODS (withdraw from the contract)
5.1 In accordance with § 1829 of the Civil Code, the buyer has the right to withdraw from the contract within 14 days of receiving the goods (return the goods) without giving any reason.
5.2 The form for the return of goods is available HERE and for the exchange of goods is available HERE. The buyer personally hands in or sends the returned or exchanged goods back to the seller without delay to address: BOD BOD BOD s.r.o., Křížkovského 18, 130 00 Prague 3, accompanied by the completed and signed form. The date of withdrawal from the contract is considered the day of the handover or dispatch of goods back to the seller or the day of notice of withdrawal to the email address firstname.lastname@example.org.
5.3 In the case of returning goods (if both parties don’t agree to replace the goods), the seller shall return the received cash of the value of the returned goods to the buyer without delay, no later than fourteen days from the withdrawal from the contract. The seller is not obligated to return the value until the goods are received or the seller proves that he has sent them back to the seller.
5.4 The cost of returning the goods to the seller will be paid by the buyer. In case of exchange, an exchange shipping fee will be charged in the amount of standard shipping costs stated in 4.2.
5.5 In the event that the goods have been damaged or worn before returning, the seller has the right to refuse the returned goods.
5.6 The seller has the privilege to withdraw from the contract before the receipt of the goods by the buyer in case of circumstances preventing him from delivering the goods to the buyer.
6 RETURN OF DEFECTIVE GOODS (rights of defective performance)
6.1 The rights and obligations of the parties relating to the rights of defective performance (the claim of the goods) are regulated by Act no. 89/2012 Coll., Specifically in the provisions of § 2099 – § 2112.
6.2 The form for returning the defective goods is available HERE. The buyer personally hands in or sends the returned goods back to the seller without delay to address: BOD BOD BOD s.r.o., Křížkovského 18, 130 00 Prague 3, accompanied by the completed and signed form. The date of the claim is considered the day of the handover or dispatch of goods back to the seller or the day of sending the complaint to the email address email@example.com.
6.3 The acknowledgement of the claim and the removal of the defects are decided by the manufacturer Botas a.s. – Smetanova 842, 539 73 Skuteč. The removal of defects is considered to be the repair of the faulty goods, the delivery of a new product without defects, the delivery of the missing parts, or proportionate reduction of the purchase price or its return. The seller shall assess the claim including the elimination of defects in the case of its recognition within 30 days from the date of the claim by the buyer. The seller shall inform the buyer about the outcome of the claim of goods via phone or email and arrange the future action.
6.4 The costs associated with claiming the goods will be paid by the buyer.
6.5 With the guarantee of quality, the seller commits to a warranty period of 2 years that certifies that the goods are qualified for use for the common purpose specified by the seller or that they retain their usual properties. The warranty period runs from the date of receipt of the goods by the buyer.
7 PERSONAL DATA PROTECTION
7.1 The personal data protection of the buyer is provided by the law no. 101/2000 Sb., about the personal data protection.
7.2 The buyer hereby grants to seller permission to collect, process, store and use data provided by the buyer for the purpose of use in information and billing systems of the seller and used in the context of marketing events and informing the buyer about new products. These include the buyer’s name and surname (or company name and identification number), address (or address of registered office), mailing address, email address and telephone number.
7.4 By registering to the newsletter about the seller’s products available on the seller’s website, the buyer agrees to receive commercial communication pursuant to Act no. 480/2004 Coll., as amended, to the buyer’s email address.
7.5 The buyer gives his permission to the above for an indefinite period from the date of dispatch of the order.
8 FINAL PROVISIONS
8.1 All relations not modified by these terms and conditions shall be governed by the relevant provisions of the Civil Code and other relevant legislation.
8.2 In the event that any provision of these terms and conditions is found to be illegal or invalid, this shall not affect the validity or enforceability of the remaining provisions of these terms and conditions.
8.3 According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is obliged to register online received revenue at the tax authorities; in case of technical failure, then within 48 hours.
8.4 All agreements between the seller and the buyer contained in the contract shall take precedence over the provisions of these terms and conditions, with which they are in violation.
8.5 The provisions of the terms and conditions are an integral part of the sales contract and the buyer confirms that he is familiar with them and agrees with them.
8.6 Contact information of the seller: BOD BOD BOD s.r.o., Křížkovského 18, 130 00 Prague 3
email: firstname.lastname@example.org, phone +420 608 640 661
In Prague on 1st January 2018