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I. Introductory Provisions
1. These terms and conditions of delivery (hereinafter referred to as "conditions") are business terms and conditions within the meaning of § 1751 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code"). Unless the contract stipulates otherwise, these conditions govern the legal relationship that arose between the customer of the goods (hereinafter referred to as "customer" or "buyer" or "consumer") and the supplier of goods - the company BOLA spol s.r.o., with registered office Prague 10, Charkovská 399/16, zip code 101 00, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 2611, ID number 186 30 219, phone: +420 257 310 358, e-mail: bola@bola.cz, office address: Severní 276, 252 25 Jinočany (hereinafter referred to as "BOLA s.r.o." or "supplier" or "seller"), regardless of the fact that the the contract type is concluded between them. The specification of the delivered goods (hereinafter referred to as the "delivery") is defined by the contract, either in the form of a bilateral written agreement between the parties, which is expressly designated as a contract, or in the form of a written order and its written confirmation as unanimous expressions of will about the content of the contract. The customer is obliged to familiarize himself with these terms and conditions before sending the order. By sending the order, you confirm your agreement with these terms and conditions. These terms and conditions apply only if the customer has the status of a consumer within the meaning of § 419 of the Civil Code.
2. The supplier explicitly informs the consumer and other customers of the choice of the law of the Czech Republic as the applicable law made in Article VIII. 1 of these terms and conditions, when the said choice of law is made in accordance with the provisions of Article 3, paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I ) (hereinafter referred to as the "Rome I Regulation").
II. Notice before concluding the contract
1. BOLA s.r.o. communicates:
a) the costs of means of long-distance communication do not differ from the basic rate, this does not apply to transport, postage and packaging;
b) requires payment and payment of the purchase price before the customer takes over the delivery, the obligation to pay a deposit is established in cases where this is expressly agreed between the contracting parties;
c) the subject of purchase contracts concluded between the supplier and the customer are not repeated performance or contracts concluded for an indefinite period;
d) the consumer may withdraw from a contract concluded in a distance manner or from a contract concluded outside the business premises within a period of fourteen days. The consumer can withdraw from the contract by any clear statement made to the entrepreneur. The period for withdrawal from the contract ends fourteen days from the day when the consumer or a third party designated by him other than the carrier transports the goods, with detailed instruction of the buyer on the right to withdraw from the contract concluded remotely or off-premises and a sample form for withdrawing from these contracts is attached to these terms and conditions, or
e) if the consumer has a complaint, he can apply it by sending an e-mail to the supplier, or a complaint can be made to a supervisory or state supervisory authority;
f) the concluded contract will be deposited with the supplier and the consumer has access to it, when it is necessary to request access to the contract from the supplier via electronic mail, in writing to the address of the registered office or place of business, by electronic mail or by telephone;
g) the contract can be concluded in Czech or English;
h) the contract between the customer and the supplier is concluded in such a way that the customer accepts the proposal to conclude the contract on the supplier's website by placing the requested goods in his basket. Before the customer bindingly confirms his order, the customer has the right to modify and change the type of goods, the number of goods and the method of transport. Before final confirmation of the order, the customer has the option to cancel his order and also check and change all input data, dates and other information entered by the customer in the order. The purchase contract is created when the order is sent by the customer and the order is accepted by the supplier. Acceptance of the order is confirmed to the customer by sending an e-mail to the e-mail address provided by the consumer;
i) the prices indicated for the goods are final, including all taxes and fees, this price does not include transport, packaging or other services related to the delivery and delivery of the goods to the customer, delivery costs may be charged additionally;
j) BOLA s.r.o. does not adjust the price to the person of the consumer based on automated decision-making;
k) Bola s.r.o. does not provide after-sales service, while this does not affect other rights of the buyer under the law and/or under these terms and conditions;
l) Bola s.r.o. does not provide a guarantee for quality, while this does not affect other rights of the buyer according to the law and/or according to these conditions, in particular the legal responsibility for defects in the sold item.
2. Immediately before placing an order, notify BOLA s.r.o. consumers in a clear and prominent way to:
a) data on the main characteristics of the goods to the extent corresponding to the used means of remote communication and the nature of the goods,
b) total price and delivery costs total price of goods including all taxes, fees and other similar monetary payments
c) delivery costs and, if these costs cannot be determined in advance, an indication that they may be additionally charged,
3. The order is placed by the consumer in the e-shop by using a button (by clicking on the button) marked with an easy-to-read inscription "Order obliging to pay".
III. Customer's rights from defective performance
1. The seller guarantees to the buyer that the item has no defects upon acceptance. In particular, the seller responds to the buyer that the item
a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
b) is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
c) is delivered with agreed accessories and instructions for use, including assembly or installation instructions.
2. The seller responds to the buyer that in addition to the agreed properties
a) is the thing suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
b) the quantity, quality and other properties of the item, including durability, functionality, compatibility and safety, correspond to the usual properties of items of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or marking,
c) the thing is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, and
d) the item corresponds to the quality or design of the sample or template that the seller provided to the buyer before the conclusion of the contract.
3. The buyer can complain about a defect that appears on the item within 2 years of receipt. If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. The buyer does not have a right from defective performance if he himself caused the defect. A defect in an item is not wear and tear of the item caused by its usual use or, in the case of a used item, wear corresponding to the extent of its previous use.
4. The customer does not have the right from defective performance, if the customer knew before taking over the item that the item had a defect, or if the customer himself caused the defect.
5. If the thing has a defect, the buyer can request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer.
6. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.
7. The seller will remove the defect within a reasonable time after it is pointed out so that it does not cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item.
8. To remove the defect, the seller will take over the item at his own expense. If this requires the disassembly of an item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller will dismantle the defective item and install a repaired or new item, or cover the costs associated with it.
9. If the buyer does not take over the item within a reasonable time after the seller has informed him of the possibility of taking over the item after repair, the seller will store the item for the buyer and the seller is responsible for the payment for storage. The seller will notify the buyer about the storage of the item. The payment for storage is CZK 50 per day. If the buyer does not take over the item even within an additional period of 30 days from the day the seller stored the item for the buyer, the seller is entitled to withdraw from the contract. This does not affect the seller's right to compensation for damage and to payment of storage fees towards the buyer.
10. The buyer may request a reasonable discount or withdraw from the contract if
a) the seller refused to remove the defect or did not remove it within a reasonable time after it was pointed out so as not to cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item or the seller did not take over the item at his own expense.
b) the defect manifests itself repeatedly,
c) the defect is a material breach of the contract, whereby the material breach is such a breach of duty that the party in breach of the contract already knew or must have known at the time of concluding the contract, that the other party would not have concluded the contract if it had foreseen this breach; or
d) it is obvious from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.
11. A reasonable discount is determined as the difference between the value of the item without a defect and the defective item that the buyer received.
12. The buyer cannot withdraw from the contract if the defect in the item is insignificant; it is considered that the defect is not insignificant.
IV. Prices, payment terms
1. The price is negotiated and stated without value added tax (hereinafter referred to as "VAT"), which will be added to it according to the relevant legal regulations. The price does not include any transport, postage, packaging, etc.
2. The customer is obliged to pay the price to the supplier on the basis of the invoice issued by the supplier - the tax document sent to the customer. The invoice must contain all the requisites of the tax document as it follows from the relevant legal regulations. The due date of the invoice is determined in a separate part of these terms and conditions. The price must be paid into the supplier's bank account, and this account must be credited without any deductions and any unilateral reduction or withholding. The customer's debt is fulfilled when the amount in question is credited to the supplier's account.
3. In the event of the customer's delay in paying the invoiced amount, the customer is obliged to pay the supplier interest on the delay in the amount of 0.05% of the total owed amount (including VAT) for each day of delay. Interest due to delay can be charged to the customer by the supplier either all at once after the payment of the owed amount or termination of the contract, or in a partial manner for a certain period of delay. The customer is obliged to pay the invoiced amount of late payment interest to the supplier no later than 14 days after the relevant invoice is issued. The supplier's right to compensation in full is not affected by this.
V. Delivery and acceptance of delivery
1. The customer is obliged to take over the properly delivered delivery. If the customer is in delay in accepting the delivery, the supplier is entitled to demand from the customer payment of all costs incurred in connection with the customer's delay.
2. The supplier fulfills the delivery by handing it over to the customer or by delivering the relevant goods to the agreed place at the agreed time, even if the customer does not show up to take over the delivery or refuses to do so without authority, or if he refuses to confirm the handover protocol without authority. In such a case, the supplier is not obliged to attach a handover protocol to the invoice, although such an obligation has been agreed between the parties in the contract: only the supplier's declaration of the relevant fact mentioned in the first sentence of this paragraph will suffice.
3. The customer is obliged to inspect the delivery item upon acceptance. If this is not possible (but not for reasons on the part of the customer), the customer is obliged to arrange an inspection of the delivery item as soon as possible after handover.
4. The customer is not entitled to refuse acceptance of the delivery if the delivery shows only minor or insignificant defects that do not affect the functionality of the delivery.
5. The supplier is entitled to make the delivery by providing multiple partial performances. The customer is obliged to pay a partial part of the price after the completion of such partial delivery.
VI. Delivery time
1. The performance of the supplier is conditioned by the fact that the customer is not in arrears with any payment for goods that were delivered also on the basis of another contractual relationship concluded between the supplier and the customer. For the period of such delay by the customer, the supplier is not in default with the delivery in question and the agreed term is extended by a period corresponding to the length of the customer's delay mentioned above.
2. If the provision of an advance payment or advance payments has been agreed, the supplier is not obliged to deliver the goods before such payment or payments have been provided.
3. If the delivery is not made within the agreed term due to the existence of force majeure circumstances that occurred in the period from the beginning of the validity of the contract to the set deadline for making the delivery, this deadline for making the delivery is extended appropriately. A force majeure circumstance is considered to be an obstacle that prevents the obliged party from performing, which occurred independently of its will, where it cannot reasonably be assumed that the obliged party would avert or overcome this obstacle or its consequences, and which did not arise until the time when the obliged party was in default in fulfilling its obligation, and which did not arise from the economic circumstances of the obliged party. A force majeure is considered a natural disaster in particular (e.g. flood, storm, unusual heat, unusual cold, unusual drought, tornado, blizzard, tropical storm, hurricane, hail, landslide, volcanic eruption and its consequences, sinkhole, avalanche, earthquake and its consequences, unusual solar eruptions, the impact of a space body, etc.), war, mobilization, riots and similar events, as well as strikes, lockouts, delays or failure to grant an official permit (especially an export permit from the competent authority in the country of manufacture), which is necessary to make the delivery.
4. The supplier is entitled to make the delivery even before the agreed performance date: such performance is considered proper and the customer is obliged to accept it.
VII. Transfer of ownership, transfer of risk of damage
1. The customer acquires the ownership right to the subject of delivery upon full payment of the purchase price. The subject of the delivery remains in the possession of the supplier until full payment and takeover, this does not affect the provisions on the transfer of the risk of accidental destruction of the item to the customer.
2. The risk of damage to the delivery passes to the customer as follows:
3. If, for reasons on the part of the customer, there is a delay in taking over the delivery, or delay in its dispatch or delivery to the carrier, or delay in starting or ending installation, assembly or test operation, the risk of damage to the delivery passes to the customer on the first day of such delay by the customer.
VIII. Withdrawal from the contract
1. The contracting parties may withdraw from the contract only in cases expressly stated in the contract or in these conditions or in cases expressly stated in legal regulations, if it is not possible to deviate from them. Withdrawal is effective on the day of delivery to the other contracting party.
2. A material breach of contract means:
3. The contracting party is entitled to withdraw from the contract with effect from the date of delivery of the declaration of intent containing the withdrawal to the other contracting party, if:
4. The contracting parties are entitled to withdraw from the contract also in the event that a force majeure circumstance prevents the realization of the delivery for a period longer than 3 months.
5. The supplier is entitled to withdraw from the contract in the event that the customer defaults on his monetary obligations to him for more than 30 days, regardless of whether these monetary obligations stem from the contract from which resigned, or from another contract or for another legal reason. In the event that the supplier does not withdraw from the contract, he is not in default in fulfilling any obligation arising from such contract, until the relevant monetary obligation of the customer is paid in full.
IX Compliance with legal regulations
1. The contracting parties undertake to comply with legal regulations, including in the field of the fight against corruption, the protection of economic competition, the fight against money laundering, as well as other legal regulations of criminal or administrative law.
2. The contracting parties undertake not to tolerate any form of corruption or bribery, or not lend themselves to them in any way, including that they undertake not to tolerate any illegal offers of payments or similar benefits to public officials (persons working in public authorities or other entities controlled by public authorities) used to influence these persons in their official performance or secured an unjustified advantage in connection with the contracting party's business.
X. Governing Law and Dispute Resolution
1. The legal relationship of the contracting parties, as well as all rights and obligations resulting from the contractual relationship between the customer and BOLA s.r.o. is governed by the law of the Czech Republic. All non-contractual claims, rights and obligations of the contracting parties are also governed by the law of the Czech Republic, if they have their basis in the concluded contractual relationship between the customer and BOLA s.r.o. If the contract or these conditions do not contain their own regulation, the rights and obligations of the parties are governed by Act No. 89/2012 Coll., Civil Code, as amended.
2. If the customer is a consumer and has his habitual residence in a member state of the European Union other than the Czech Republic, the customer is not deprived of the protection provided by the provisions of the legal the law of the country in which the consumer has his habitual residence. Pursuant to the provisions of Article 6 paragraph 1 letter a) Regulation Rome I targets the company BOLA s.r.o. its business activity to all member states of the European Union, when it delivers its goods to customers in all member states of the European Union.
3. The consumer has the right to an out-of-court settlement of a consumer dispute from a consumer contract if performance takes place on the territory of the Czech Republic; in other cases, only if the performance is related to business activities carried out in the territory of the Czech Republic. The customer hereby informs the consumer in accordance with the provisions of § 14, paragraph 1 of Act No. 634/1992 Coll., on consumer protection, as amended, in a clear, comprehensible and easily accessible manner about the subject of out-of-court resolution of consumer disputes, which is for the given type of offer, of the sold, provided or mediated product or service materially relevant This entity is the Czech Trade Inspection, Central Inspectorate - ADR Department, Štěpánská 15, Prague 2, ZIP Code 120 00, website http://adr.coi.cz.
XI. Final Provisions
1. If any provision of the contract or these conditions is or becomes invalid, unenforceable, apparent or ineffective, such fact does not affect the validity, enforceability or effectiveness of other provisions of the contract or conditions. In such a case, the parties to the contract are obliged to make every effort to conclude an amendment to the contract, by which the relevant invalid, unenforceable or ineffective provision will be replaced by a new one that best corresponds to the originally intended economic purpose.
2. Written form, in the sense of these conditions, means a document prepared either a) in printed form and sent to the other contracting party at the address of the contracting party specified in the contract 1) delivered by post or courier service or by any other method that allows delivery confirmation back to the sender , or 2) by fax to the contractual party's fax number specified in the contract with delivery confirmation, or b) in electronic form and sent by e-mail.
3. The document is considered delivered on the third working day after it has been sent by one of the methods mentioned in the previous paragraph to the relevant address (fax number, electronic address) of the contracting party, even if the addressee has not received the document.
4. The use of § 1726, § 1728, § 1729, § 1740 paragraph 3, § 1757 paragraphs 2 and 3, § 1950 of the Civil Code is excluded.
5. All disputes arising from the contract or in connection with it will first be resolved by trying to reach an agreement. If it does not happen, the dispute will be decided by the competent court or, for example, the Czech Trade Inspection.
6. Together with the document (invoice - tax document) to which they are an attachment and the attachments to this document, these conditions form a complete contract and replace any previous agreement between the contracting parties regarding the subject of this contractual relationship.
7. The supplier is entitled to assign the contract to another person.
8. The contract can only be amended and supplemented by written, numbered amendments signed by both parties
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