COMMERCIAL TERMS AND CONDITIONS

of the company

BOHO NATURAL s.r.o.

having its registered office at gen. Píky 323/14a, Řepčín 779 00 Olomouc, Czech Republic

Company Number: 059 77 533

entered in the Commercial Register maintained at the Regional Court in Ostrava, file C 70135,

for the sale of goods through the e-shop at www.bohonatural.cz

OPENING PROVISIONS

    1. These Commercial Terms and Conditions (hereinafter referred to as the “Commercial Terms and Conditions”) of the company BOHO NATURAL s.r.o., having its registered office at gen. Píky 323/14a, Řepčín 779 00 Olomouc, Company Number: 059 77 533, entered in the Commercial Register maintained at the Regional Court in Ostrava, file C 70135 (hereinafter referred to as the “Seller”), regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the “Civil Code”), the reciprocal rights and obligations of the Contracting Parties established in connection with or pursuant to the Contract of Purchase (hereinafter referred to as the “Contract of Purchase”) entered into by and between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the e-shop of the Seller. The e-shop is operated by the Seller at a website at the address www.bohonatural.cz (hereinafter referred to as the “website”) by way of webpage interface (hereinafter referred to as “shop web interface”).
    2. The Commercial Terms and Conditions do not apply to cases in which a person who intends to purchase goods from the Seller is a legal person or a person acting in the ordering of goods within the bounds of its business activity or within the bounds of its independent pursuit of a profession.
    3. Provisions which vary from the Commercial Terms and Conditions may be arranged in the Contract of Purchase. Variant arrangements in the Contract of Purchase prevail over the provisions of the Commercial Terms and Conditions.
    4. The provisions of the Commercial Terms and Conditions constitute an inseparable part of the Contract of Purchase. The Contract of Purchase and the Commercial Terms and Conditions are written in Czech. The Contract of Purchase may be entered into in Czech.
    5. The Seller may amend or supplement the wording of the Commercial Terms and Conditions. This provision shall be without prejudice to the rights and obligations established during the term of effect of the prior wording of the Commercial Terms and Conditions.
    6. By sending an order and by subsequent confirmation via web interface, the Buyer confirms that it has familiarised itself with these Commercial Terms and Conditions and that it agrees with them.

USER ACCOUNT

    1. The Buyer may access its user interface based on the registration of the Buyer, executed at the website. 
    2. The Buyer may place orders for goods from its user interface (hereinafter referred to as the “User Account”) The Buyer may also place orders for goods without registering directly from shop web interface.
    3. When registering at the website and when ordering goods, the Buyer is obliged to state all data accurately and truthfully. The Buyer is obliged to update the data stated in the User Account when there is any change to those data. The data which the Buyer states in the User Account and when ordering goods are deemed by the Seller to be accurate.
    4. Access to the User Account is secured by username and password. The Buyer is obliged to maintain confidentiality with regard to the information required to access its User Account.
    5. The Buyer is not authorised to allow any third parties to use its User Account.
    6. The Seller may cancel a User Account, in particular in the case that the Buyer is in breach of its obligations arising from the Contract of Purchase (including the Commercial Terms and Conditions).
    7. The Buyer acknowledges that the User Account might not be accessible at all times, in particular with regard to necessary maintenance to the Seller’s hardware and software, or necessary maintenance to the hardware and software of third parties.

ENTERING INTO A CONTRACT OF PURCHASE

    1. All presentations of goods located at the shop web interface are informative in nature and the Seller is not obliged to enter into a Contract of Purchase regarding those goods. The provisions of Section 1732(2) of the Civil Code do not apply.
    2. The shop web interface contains information about goods, and a statement of the prices of individual goods, and the costs of returning goods if the nature of those goods means that they cannot be returned in the standard way, by post. The prices of goods are stated including value added tax and all associated charges. The prices of goods are valid for the time during which they are displayed at shop web interface. This provision does not restrict the possibility of the Seller entering into a Contract of Purchase under individually-arranged terms and conditions.
    3. Shop web interface also contains information about the costs associated with the packaging and delivery of goods. Information about the costs associated with the packaging and delivery of goods stated at shop web interface only applies in cases in which the goods are delivered within the territory of the Czech Republic.
    4. To order goods, the Buyer completes the order form at shop web interface. The order form primarily contains information about:
      1. the goods ordered (the Buyer “places” the ordered goods in the electronic shopping trolley at the shop web interface);
      2. the method of paying the purchase price of the goods, information about the required method of delivering the ordered goods; and
      3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as an “Order”).
    5. Before submitting an Order to the Seller, the Buyer is able to check and change the information which the Buyer entered in the Order, such that the Buyer has the opportunity to identify and correct errors having been made when entering information in the Order. The Buyer submits the Order to the Seller by clicking on “Place order”. The information stated in the Order is deemed by the Seller to be accurate. The Seller shall, without delay after receiving an Order, confirm having received the Order to the Buyer by e-mail, to the Buyer’s e-mail address stated in the User Account or in the Order (hereinafter referred to as the “Buyer’s e-mail address”).
    6. The Seller is invariably authorised, depending on the nature of the Order (quantity of goods, size of the purchase price, expected costs of shipping), to ask the Buyer for additional confirmation of the Order (for example, in writing, by telephone).
    7. A contractual relationship between the Seller and the Buyer is established with acceptance of the Order, sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address. 
    8. The Buyer consents to the use of remote means of communication when entering into the Contract of Purchase. The costs incurred by the Buyer when using remote means of communication in connection with entering into the Contract of Purchase (the costs of Internet connection, the costs of telephone calls) shall be covered by the Buyer, whereby those costs shall not differ from the basic rate.

THE PRICE OF GOODS AND THE TERMS AND CONDITIONS OF PAYMENT

    1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods according to the Contract of Purchase to the Seller in the following ways:
  • cash-on-delivery at the place specified by the Buyer in the Order;
  • in cash in the place and at the time determined by the Seller;  
  • by way of credit transfer into the Seller’s account, account number  2401200766/2100, held at Fio Banka a.s. (hereinafter referred to as the “Seller’s account”);
  • by payment card in the GoPay payment system (Visa, Visa Electron, Mastercard, Maestro, Master Card Electronic);
  • by way of online bank payment – (Česká spořitelna – Platba 24, Fio Banka, ČSOB, Komerční Banka – Moje Platba, mBank – mPeníze, Raiffeisen – ePlatby, Era).
    1. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount Unless expressly provided otherwise, the costs associated with the delivery of the goods are understood to be included in the purchase price.
    2. The Seller does not demand from the Buyer a down payment or any similar payment. This shall be without prejudice to the provisions of paragraph 1.27 of the Commercial Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
    3. In the case of payment in cash or in the case of payment by way of cash-on-delivery, the purchase price is payable upon the receipt of the goods. In the case of non-cash payment, the purchase price is payable immediately when paying by payment card or online bank payment or, in the case of bank transfer, within 4 business days of entering into the Contract of Purchase. 
    4. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods and at the same time to state the payment identification number (variabilní symbol). In the case of non-cash payment, the obligation of the Buyer to pay the purchase price is fulfilled at the time at which the relevant amount is credit to the Seller’s account.
    5. The Seller is authorised, particularly in the case that the Buyer does not subsequently confirm the Order (paragraph 1.19), to demand the payment of the full purchase price before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
    6. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
    7. If normal in business relations or if laid down by generally binding legal regulations, the Seller shall issue the Buyer with a tax document – invoice regarding payments made pursuant to the Contract of Purchase. The Seller is not a payer of value added tax. The Seller shall issue a tax document – invoice to the Buyer after payment of the price of the goods and shall send this, in electronic format, to the Buyer’s e-mail address.
    8. The Seller is, according to the Act on Records of Sales, obliged to issue the Buyer with proof of purchase. It is also obliged to register payment received with the tax administrator online; in the case of technical malfunction, within a maximum of 48 hours.

WITHDRAWAL FROM THE CONTRACT OF PURCHASE (returning goods)

    1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to, inter alia, withdraw from a contract of purchase on the delivery
  •   of goods which are perishable; and
  •   of goods which are irreversibly mixed with other goods after delivery;
  •   of goods in a sealed package which the consumer has taken out of the packaging and which cannot be returned for hygiene reasons; and
  •   of goods which have been modified according to your wishes or for your person. 
    1. If not a case specified in paragraph 1.31 of the Commercial Terms and Conditions or another case when it is not possible to withdraw from the Contract of Purchase, the Buyer has, in accordance with the provisions of Section 1829(1) of the Civil Code, the right to withdraw from the Contract of Purchase, within fourteen (14) days of the date of receiving the goods, whereby in the case that the subject-matter of the Contract of Purchase is several types of goods or the delivery of several parts, this time limit commences on the date of receiving the final delivery of goods. Withdrawal from the Contract of Purchase must be sent to the Seller within the time limit stated in the preceding sentence. The Buyer may send withdrawal from the Contract of Purchase, inter alia, to the Seller’s address or to the Seller’s e-mail address at info@bohonatural.cz .
    2. In the case of withdrawal from the Contract of Purchase according to paragraph 1.32 of the Commercial Terms and Conditions, the Contract of Purchase is cancelled ab initio. The goods must be returned to the Seller by the Buyer within fourteen (14) days of the delivery of withdrawal from the Contract of Purchase to the Seller. Should the Buyer withdraw from the Contract of Purchase, the Buyer shall cover the costs associated with the return of the goods to the Seller, even in the case that the nature of the goods means that they cannot be returned in the normal way, i.e. by post. Goods returned to the Seller cash-on-delivery shall not be accepted by the Seller.
    3. In the case of withdrawal from the Contract of Purchase according to paragraph 1.32 of the Commercial Terms and Conditions, the Seller shall return the money received from the Buyer within fourteen (14) days of the date of withdrawal from the Contract of Purchase by the Buyer, in the same way as the Seller received that money from the Buyer. The Seller is also authorised to return performance provided by the Buyer upon the return of the goods by the Buyer or in another way, if the Buyer agrees to this and the Buyer does not incur further costs as a result. Should the Buyer withdraw from the Contract of Purchase, the Seller is not obliged to return the money received to the Buyer before the Buyer has returned the goods to it.
    4. The Seller is authorised to unilaterally offset a claim for the payment of loss or damage incurred to the goods against the claim of the Buyer to the return of the purchase price.
    5. In cases in which the Buyer, in accordance with the provisions of Section 1829(1) of the Civil Code, has the right to withdraw from the Contract of Purchase, the Seller is also authorised to withdraw from the Contract of Purchase at any time until the time at which the Buyer receives the goods. In such case the Seller shall return the purchase price to the Buyer without undue delay, by way of credit transfer into an account specified by the Buyer.
    6. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be entered into with a cancellation clause, whereby should the Buyer withdraw from the Contract of Purchase, the effect of the gift contract regarding such gift shall expire and the Buyer shall be obliged to return the gift provided together with the goods.

THE SHIPPING AND DELIVERY OF THE GOODS

    1. If the method of shipping is agreed pursuant to a special request by the Buyer, the Buyer bears the risk and any additional costs associated with that method of shipping.
    2. If, according to the Contract of Purchase, the Seller is obliged to deliver the goods to the place specified by the Buyer, the Buyer is obliged to receive the goods upon delivery.
    3. If it is necessary to deliver the goods again or in a way other than that stated in the Order for a reason which lies with the Buyer, the Buyer is obliged to pay the costs associated with the repeat delivery of the goods, or the costs associated with such other method of delivery.

When receiving the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and to report any defects to the carrier without delay. Do not accept a consignment from the carrier if you find any breakage of the packaging which indicates unauthorised intrusion or damage to that consignment. 

    1. The Seller’s special terms and conditions of delivery may regulate the other rights and obligations of the Parties in relation to the shipping of goods.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (CLAIMS AND COMPLAINTS PROCEDURE)

    1. The rights and obligations of the Contracting Parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Section 1914 through 1925, Section 2099 through 2117, and Section 2161 through 2174 of the Civil Code, and Act No. 634/1992 Sb. on consumer protection, as amended).
    2. The Seller is liable to the Buyer for the fact that the goods have no defects at the time of receiving. In particular, the Seller is liable to the Buyer for the fact that, at the time when the Buyer receives the goods:
      1. the goods have the properties which the Parties arranged, or if such arrangement is lacking, such properties which the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and advertising which they executed;
      2. the goods are appropriate for the purpose whose usage the Seller states or for which goods of this kind are normally used;
      3. the goods are of the corresponding quantity, size, or weight; and
      4. the goods meet the requirements of legal regulations.
    3. The provisions of paragraph 1.43 of the Commercial Terms and Conditions do not apply to 
  • goods sold at a lower price due to a fault for which the lower price was arranged;
  • the wear and tear of goods caused by their normal usage;
  • used goods for a defect which corresponds to the degree of usage or wear and tear which the goods had when received by the Buyer
  • or which ensues from the nature of the goods.
    1. Should a defect appear in the course of the six months following receipt, it is deemed that the goods were defective upon receipt. The Buyer is authorised to exercise the right from a defect which appears on consumer goods within a period of twenty-four months following receipt.
    2. The Buyer exercises the rights arising from defective performance with the Seller at the address of the registered office of the company BOHO NATURAL s.r.o., or at the company premises at Havlíčkova 4485/117A, 767 01 Kroměříž.
    3. For the fast settlement of the warranty claim, the Buyer is recommended to contact BOHO NATURAL s.r.o. by e-mail at info@bohonatural.cz in advance and to state the following data:
  • the first name and the surname of the Buyer;
  • the address of the Buyer to which the goods were delivered;
  • the telephone number of the Buyer;
  • the e-mail address of the Buyer;
  • the number of the Order in which the claimed goods were ordered;
  • the invoice number; 
  • a description of the claimed goods; 
  • a detailed description of the defect.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

    1. The Buyer acquires the ownership of the goods upon payment of the fully purchase price of the goods.
    2. The Seller is not bound in relation to the Buyer by any code of conduct in accordance with the provisions of Section 1826(1)(e) of the Civil Code.
    3. The Seller handles the settlement of consumer complaints via the e-mail address info@bohonatural.cz . The Seller sends information about the settlement of a complaint made by the Buyer to the Buyer’s e-mail address.
    4. Česká obchodní inspekce (Czech Trade Inspection Authority), having its registered office at Štěpánská 567/15, 120 00 Praha 2, Company Number 000 20 869, website: https://adr.coi.cz/cs, has jurisdiction for alternative dispute resolution in relation to disputes arising from the Contract of Purchase. The platform for the resolution of disputes, found at Online platform, can be used in the resolution of disputes between the Seller and the Buyer arising from the Contract of Purchase.
    5. Evropské spotřebitelské centrum Česká republika (European Consumer Centre Czech Republic), having its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
    6. The Seller is authorised to sell goods pursuant to a trade licence. The Trade Licensing Office (živnostenský úřad) carries out trade inspections within the scope of its activity. Supervision of personal data protection is carried out by Úřad pro ochranu osobních údajů (Office for Personal Data Protection). Česká obchodní inspekce (Czech Trade Inspection Authority) carries out, inter alia, supervision of adherence to Act No. 634/1992 Sb. on consumer protection, as amended, to a limited extent.
    7. The Buyer hereby assumes the risk of a change of circumstances in accordance with Section 1765(2) of the Civil Code.

PERSONAL DATA PROTECTION

    1. Protection of the personal data of a buyer that is a natural person is provided by Act No. 101/2000 Sb. on personal data protection, as amended.
    2. The Buyer consents to the processing of the following personal data relating to it: first and surname, address of place of residence, Company Number, Taxpayer Identification Number, e-mail address, telephone number (hereinafter collectively referred to as “personal data”).
    3. The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and fulfilling the obligations arising from the Contract of Purchase and for the purposes of maintaining the User Account. Unless the Buyer chooses a different option, it also consents to personal data processing by the Seller for the purposes of the sending of information and commercial communications to the Buyer. The conclusion of a Contract of Purchase is not in itself conditional on consent to personal data processing to the full extent according to this article.
    4. The Buyer acknowledges that it is obliged to state its personal data (when registering, in its User Account, in an Order made from the shop web interface) accurately and truthfully and that it is obliged to inform the Seller without undue delay of any change to its personal data.
    5. The Seller may entrust the processing of the personal data of the Buyer to a third party, as the processor. The Seller shall not transfer personal data to any third parties without the prior consent of the Buyer, save to the persons which ship the goods.
    6. Personal data shall be processed for an indefinite term. Personal data shall be processed in electronic format, in an automated manner, or in print, in a way which is not automated.
    7. The Buyer confirms that the personal data provided are accurate and that it has been informed that the provision of personal data is voluntary.
    8. Should the Buyer suppose that the Seller or the processor (paragraph 1.59) is processing its personal data in a way which is contrary to protection of the private and personal life of the Buyer or contrary to the law, in particular if personal data are inaccurate with regard to the purpose of their processing, it may:
      1. ask the Seller or the processor for an explanation;
      2. request that the Seller or the processor rectify the situation to have arisen.
    9. Should the Buyer request information about the processing of its personal data, the Seller is obliged to provide it with such information. The Seller has the right to demand reasonable payment for the provision of information according to the preceding sentence which does not exceed the costs required for the provision of information.

THE SENDING OF COMMERCIAL COMMUNICATIONS 

    1. The Buyer consents to the sending of information associated with the goods, services, or business of the Seller to the Buyer’s e-mail address and further consents to the sending of commercial communications by the Seller to the Buyer’s e-mail address.

DELIVERY

    1. Delivery may be made to the Buyer to the Buyer’s e-mail address.

FINAL PROVISIONS

    1. Should the relationship established by the Contract of Purchase contain an international (foreign) element, the Parties have arranged that the relationship shall be governed by Czech law. This shall be without prejudice to the rights of the consumer arising from generally binding legal regulations.
    2. If any of the provisions of the Commercial Terms and Conditions is invalid or ineffective, or should it become so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the force of the other provisions.
    3. The Contract of Purchase and the Commercial Terms and Conditions are archived by the Seller in electronic format and are not accessible. The Contract is not entered into in writing with the signatures of the Contracting Parties. The Contract consists of these Commercial Terms and Conditions, your Order, and the acceptance thereof by us.
    4. The contact details of the Seller: delivery address BOHO NATURAL s.r.o., Havlíčkova 4489/117a, 767 01 Kroměříž, e-mail address info@bohonatural.cz , telephone +420 776 807 262 .

The Commercial Terms and Conditions enter into force on 1.7.2017.