Business Terms and Conditions
Business terms and conditions for purchase via the www.bonaloka.cz website.
1. Recitals
1.1. These Business Terms and Conditions regulate the mutual rights and obligations of the parties to the purchase agreement entered into during the purchase of goods at Internet store of the company BONALOKA s.r.o., Business ID No. (IČO): 050 21 189, registered office Prague 4 – Krč, Antala Staška 510/38, postal code (PSČ) 140 00, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 2571429, placed on the www.bonaloka.cz website.
1.2. Stipulations of these Business Terms and Conditions form an integral part of the purchase agreement (on the supply of goods). If the individually agreed terms and conditions are contrary to the provisions of these Business Terms and Conditions, the individually agreed terms and conditions shall prevail.
1.3. Unless otherwise specified in these Business Terms and Conditions, the individual provisions hereof shall apply to both the Buyer as a Consumer and the Buyer as an Entrepreneur.
2. Definitions
2.1. The terms used in these Business Terms and Conditions shall have the meaning as set out below:
a) ‘‘E-shop’’ means the internet shop of the Seller operated on the website;
b) ‘‘Buyer’s electronic address’’ means the electronic mail address included in the registered user’s account, possibly one the Buyer additionally stated if their user account is not registered;
c) “Civil Code” refers to Act No. 89/2012 Coll, the Civil Code, as amended;
d) ‘‘Buyer’’ means a person purchasing goods in the E-shop;
e) ‘‘Purchase price’’ means the total price of the ordered goods including all taxes and fees increased by possible costs related to the supply of goods and costs related to the selected method of payment;
f) ‘‘Website’’ means the www.bonaloka.cz E-shop website;
g) ‘‘Business Terms and Conditions’’ means these Business Terms and Conditions;
h) ‘‘Entrepreneur’’ means a person who is not a consumer;
i) ‘‘Seller’’ means the company BONALOKA s.r.o., Business ID No. (IČO): 050 21 189, registered office in Prague 4 – Krč, Antala Staška 510/38, postal code (PSČ) 140 00, registered in the Commercial Register at the Municipal Court in Prague, section C, entry 2571429;
j) ‘‘Business premise’’ means the Seller’s business premises at the Prague 4 – Kunratice, Velké Kunratické 1570/3a, postal code (PSČ) 148 00, Prague address unless stated otherwise on the Website;
k) ‘‘Consumer’’ means a person who negotiates with or concludes a contract with the Seller outside the scope of their business activities or outside the scope of the independent exercise of their profession.
3. General purchase information
3.1. The content of the Website, including the full presentation of goods, is only of an informative and non-binding nature and does not constitute a binding offer to conclude a purchase agreement, nor the proposal to deliver the goods within the meaning of Section 1732 (2) of the Civil Code. The Seller is not obliged to enter into a purchase agreement concerning the presented goods.
3.2. The Website contains, in particular, a list of the offered goods, a description of their main characteristics, as well as the indication of prices in Czech crowns (when delivered abroad in Euro or another currency). All taxes (in particular value added tax) and other related charges are taken into account in the displayed price of the goods, the costs associated with the delivery of the goods and the costs associated with the chosen payment condition.
3.3. Unless otherwise stated on the Website or in the special rules, any special conditions related to the ongoing event, in particular the special (reduced) price of the goods or the special (reduced) price of the costs associated with the transport of the goods, shall only apply for the period of their placement on the Website, or until the time specified in the special rules, and only until the stocks of goods, to which they relate, are exhausted. The moment, which occurs first, shall be decisive for the expiry of their validity.
4. Contracting process
4.1. For ordering goods in the E-shop, the Buyer is obliged to properly complete the contracting process through the specified form, unless otherwise agreed with the Seller in a particular case, and do so in all its steps (‘‘Cart’’, ‘‘Transport and Payment’’, ‘‘Delivery Data’’ and ‘‘Summary’’), consisting in particular:
a) in logging into their user’s account, if established. If a user’s account has not been established, the Buyer is obliged to fill in all required data if required to do so during the contracting process (details of registration and maintenance of user’s accounts are set out in the www.bonaloka.cz Website Terms of Use and Privacy Policy, available on the Website here);
b) in the selection of the goods, together with the quantity requested, and their placing into an electronic shopping cart via a web link provided;
c) in the selection of place and method of delivery of the goods;
d) in filling out the billing information and payment method. If the Buyer is in the position of an Entrepreneur, they are obliged to tick the ‘‘I buy for a company’’ box and fill in the additional required data, in particular the business ID number (IČO), tax ID number (VAT number) and the company’s business name.
4.2. Prior to sending a purchase order, the Buyer shall be able to check and alter the information specified during the contracting process, even with regard to the opportunity to find and correct any errors made when entering data therein. The Buyer is fully responsible for the completeness, accuracy and veracity of the data provided. The Seller is not obliged to verify their compliance with the actual conditions and is not liable for any non-compliance.
4.3. The Buyer is enabled to familiarise themselves with the Business Terms and Conditions, which are also available on the Website, before sending the order. The Buyer undertakes to familiarise themselves with these Business Terms and Conditions and to agree to their wording by ticking the appropriate box. Without consent to the Business Terms and Conditions, it is not possible to conclude a purchase agreement with respect to the goods. At the same time, the Buyer undertakes to familiarise themselves with the Privacy Policy set out in the Terms of Use of the www.bonaloka.cz Website before submitting the order, whereas by submitting the order the Buyer expressly confirms that they have done so.
4.4. The Buyer will send the order by clicking on the ‘‘Purchase’’ button. The Seller shall immediately confirm the receipt of the order to the Buyer by written message (including the automatically generated one) sent to the Buyer's Electronic address. If a user’s account has been established, the acceptance of the order is also confirmed in the ‘‘My Orders’’ tool. This does not apply to the conclusion of the purchase agreement exclusively by exchange of electronic mail or equivalent individual communication. If the Buyer does not receive the Seller's confirmation, they are obliged to contact the Seller, as it is in this case likely that the Buyer's Electronic address may have been entered incorrectly.
4.5. The Seller is entitled to ask the Buyer for additional confirmation of the order if they find it desirable, even by telephone, in view of the total amount of the Purchase price, the ordered quantity, or for other reasons. If the Buyer refuses to confirm the order, the order is deemed not to have been made.
4.6. The purchase agreement is concluded at the moment of delivery of the receipt of the order (acceptance), which the Seller sends to the Buyer's Electronic address. The Buyer acknowledges that the availability of the goods sold is limited by the extent of the stock that the Seller does not guarantee. If the Buyer orders goods that are not available, the Seller informs the Buyer by electronic message of the unavailability thereof. To the extent of unavailability of the goods, the binding nature of the order expires by sending the message; in other parts the order remains unaffected.
4.7. The Buyer acknowledges that the Seller is not obliged to conclude a purchase agreement, in particular with a person who has committed a material breach of the obligation arising from any existing or ceased obligation against them.
4.8. The Buyer agrees to use means of distance communication for all activities leading to the conclusion of the purchase agreement. The costs incurred by the use of means of distance communication are borne by the Buyer themselves, in particular costs incurred in connection with the use of an internet or telephone service. No special surcharges are charged to the Buyer for the use of means of distance communication when communicating with the Seller.
5. Purchase price and reservation of ownership
5.1. The amount of the Purchase price is decisive at the time of conclusion of the purchase agreement. The Seller reserves the right to adjust the amount of the Purchase price, in particular in relation to changes in cash rates, or significant changes in the supply terms and conditions of manufacturers, other suppliers or service providers, at any time prior to the conclusion of the purchase agreement.
5.2. The Buyer has the right to an aliquot reduction of the Purchase price if during the purchase process they redeem a discount voucher issued by the Seller, which has not been redeemed in the past and is redeemed during the period of validity for which it was issued. The Buyer is not entitled to combine a discount from several discount coupons (vouchers) for one purchase. The discount on the purchase price resulting from a properly redeemed discount coupon (voucher) is not to be combined with any other discount provided, including the discount resulting from the special promotion, unless otherwise specified in the specific case.
5.3. The Buyer acquires ownership of the subject of purchase at the moment of full payment of the purchase price or at the moment of receipt of the already paid goods, the decisive moment being the later.
5.4. Upon receipt of the goods delivered to the Buyer by the carrier, they will be handed over a delivery note containing the individual items of the goods and their price. The tax document will then be sent to the Buyer's Electronic address. In the event of receipt of the goods at the Business premises and payment in cash or by credit card, the Seller will issue the Buyer a receipt issued under the Sales Registration Act, which will take the form of a tax document for value added tax purposes.
5.5. The date of taxable supply shall be deemed to be the date of delivery of the goods, unless otherwise specified by the relevant legislation.
6. Payment terms
6.1. By concluding the purchase agreement, the Buyer is obliged to pay the Purchase price, i.e.:
a) if the Buyer has chosen a ‘‘transfer’’ payment method in the order, by means of a non-cash bank transfer;
b) if the Buyer has chosen a ‘‘cash on delivery” payment method in the order, through cash payment, or non-cash payment using a payment card according to the possibilities of the carrier;
c) if the Buyer has chosen a ‘‘cash – only for personal collection” payment method in the order, through cash payment.
d) if the Buyer has chosen ‘‘card – only for personal collection” payment method in the order, through non-cash payment using a card.
6.2. When paying according to the payment condition ‘‘transfer’’, the Purchase price is payable within 14 days of the conclusion of the purchase agreement by sending the Purchase price to the Seller's bank account No. 2798371036/5500 maintained with Raiffeisenbank a.s., ID No. (IČ): 492 40 901, registered office Prague 4, Hvězdova 1716/2b, postal code (PSČ) 14078, entered in the Commercial Register maintained by the Municipal Court in Prague, section B, entry 2051, unless stated otherwise in the Buyer’s request for payment of the goods. The Buyer is obliged to make a non-cash payment with an indication of a variable symbol that corresponds to the order number. Otherwise, the Seller is not liable for a delay in delivery of the goods or other consequences including damage caused by a missing or incorrect payment identification or incorrectly entered payment order. The Buyer's obligation to pay the Purchase price is fulfilled when the Purchase price is credited to the Seller's above-mentioned account.
6.3. When paying according to the payment terms of ‘‘cash on delivery’’, the Purchase price is payable at the time of receipt of the goods to the attention of an authorised carrier, through cash payment or possibly non-cash payment using a payment card. Payment of the Purchase price constitutes a condition for giving the goods to the Buyer. Payment of the Purchase price by means of ‘‘cash on delivery’’ is additionally charged an amount of CZK 30, unless otherwise specified on the Website. In case of discrepancy, the price stated on the Website shall apply.
6.4. When paying according to the payment terms ‘‘card – only for personal collection’’, the Purchase price is payable upon receipt of the goods. The possibility of this payment method is conditional upon the choice of delivery terms of personal collection. The Buyer is obliged to pay the Purchase price through a non-cash payment using a payment card. The Purchase price is deemed to have been paid at the time of debiting the amount corresponding to the Purchase price from the Buyer’s account in favour of the Seller’s account.
6.5. When paying according to the payment terms ‘‘cash – only for personal collection’’, the Purchase price is payable upon receipt of the goods. The possibility of this payment method is conditional upon the choice of delivery terms of personal collection. The Buyer is obliged to pay the Purchase price through a cash payment to the authorised person.
6.6. Payment terms in the regime of items 6.1 and 6.5 are only possible when the selected place of the goods delivery is situated in the territory of the Czech Republic. If the Buyer has selected delivery to another country during the contracting process, the variability thereof and the possible amount of costs related to the chosen payment condition may vary. The Buyer is informed about the payment method options as well as the total costs related to the chosen payment terms during the contracting process on the Website, as well as in the confirmation of receipt of the order (acceptance).
7. Delivery terms
7.1. By concluding the purchase agreement, the Buyer becomes obliged to take over the ordered goods, under the conditions and at the place according to the chosen delivery method in the order. The Seller enables the delivery of goods within the Czech Republic by one of the following methods, unless otherwise specified on the Website (in case of discrepancy, the transportation method specified on the Website shall apply):
a) via PPL CZ s.r.o. courier service, Business ID No. (IČ): 251 94 798;
b) via Geis Parcel CZ s.r.o. courier service, Business ID No. (IČ): 630 77 051;
c) via Uloženka s.r.o. delivery system, Business ID No. (IČ): 242 99 162;
d) by personal collection, only by agreement, at the Business premises address, within the indicated times on the Website,whereas the costs associated with the delivery of the goods are borne by the Buyer in accordance with the rules set out below.
7.2. If the Buyer does not take over the goods according to the selected regime in the order, they shall bear the costs associated with repeated delivery or with another delivery method. If the Buyer is delayed with the receipt of the goods, the Seller is obliged to store the goods for a maximum period of 30 days from the unsuccessful delivery attempt. In the event that the Buyer does not take over the goods at this time upon agreement with the Seller, the Seller shall return to the Buyer within fourteen (14) days of the expiry of this period the funds received from them under the purchase agreement, in the same way as they accepted them, unless agreed otherwise; in such case, the Seller is entitled to set off against the funds the costs incurred by them for the delivery (even repeated delivery) of the goods and their storage. If the Buyer is in default of payment, which is conditional upon the delivery of the goods, the Seller is obliged to store the goods for a maximum period of 30 days from the due date of the purchase price or the unsuccessful delivery attempt, the decisive moment being the later; in such case, the Seller is to increase the purchase price by the costs incurred by them for the delivery (even repeated delivery) of the goods and their storage. If the goods are in danger of being quickly perishable, the above mentioned period shall not apply.
7.3. The total costs associated with the delivery of goods depends on the chosen method, the country of delivery and the current price list of the carrier. All information about the price of transport is notified to the Buyer during the contracting process. Unless otherwise specified on the Website, the price of transport for the delivery of goods within the territory of the Czech Republic is:a) CZK 144 for delivery via PPL CZ s.r.o.;b) CZK 109 for delivery via Geis Parcel CZ s.r.o.;a) CZK 83 for delivery via Uloženka s.r.o.;d) CZK 0 for transport via personal collection.In case of discrepancy, the price stated on the Website shall apply. Transport outside the territory of the Czech Republic is only possible to the country selected by the Buyer during the contracting process. The Buyer acknowledges that in such case the transportation method options, as well as the amount of fees associated therewith, may vary. The Seller informs the Buyer about the individual delivery method variants and the total transport costs on the Website, as well as in the confirmation of order receipt (acceptance).
7.4. The Seller shall dispatch the goods as soon as possible after confirmation of the order (acceptance) to the Buyer, depending on the stock and the chosen payment terms, usually within two (2) business days from the conclusion of the purchase agreement or payment of the Purchase price. The Buyer will be informed of the dispatch or possible unavailability of the goods by a message sent to the Buyer's Electronic address, in case of personal collection, the Seller informs the Buyer about the readiness of the goods for personal collection at the Business premises address. The Buyer can also monitor the status of the order after logging into their user account.
7.5. The Buyer is obliged to check and inspect the goods upon their receipt. If they detect damage to the packaging, incompleteness of the consignment or another defect, they are obliged to record such event with the respective delivery man, who, together with information about the incomplete or damaged consignment, immediately sends it to the Seller. By taking over the goods, the Buyer confirms that they have not found any obvious defect in the consignment and acknowledges that they will not be taken into account in any complaint process regarding the violation of the packaging of the consignment.
7.6. The Seller is entitled to demand full payment of the Purchase price before handing over the goods to the Buyer, especially if, within the meaning of Article 4.5, the Buyer does not subsequently confirm the order without undue delay at the Seller’s invitation to do so. Section 2119 of the Civil Code shall not apply.
8. Liability for defects and warranty
8.1. The rights and obligations arising from defective performance are governed by generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and, if the Buyer is in the position of a Consumer, by Act No. 634/1992 Coll., on consumer protection, as amended.
8.2. The Seller is responsible for ensuring that the goods are delivered free of defects upon receipt.
8.3. The Consumer has the right to claim defects which become apparent within twenty four months after the consumer goods acceptance. Rights from defective performance may be exercised by the Buyer at the info@bonaloka.cz electronic postal service address, while at the same time the Buyer is obliged to send the goods to the Business premises address. The moment that the Seller receives the defective goods from the Buyer shall be considered the moment of raising these rights. If a defect manifests itself within six months of the acceptance, the item is deemed to have been defective at the time of the acceptance.
8.4. Further details, including rules, conditions as well as the procedure for exercising Buyer's rights from defective performance, are regulated by the Complaints Regulations, available here.
9. Buyer’s right as a Consumer to withdraw from the purchase agreement
9.1. If this Article 9 deals with the Buyer, it solely deems the Buyer to be in the position of a Consumer. The rights and obligations provided for in this Article 9 shall exclusively apply in relation to a Buyer who is in the position of a Consumer, which is without prejudice to Article 10.2 of these Business Terms and Conditions.
9.2. The Buyer has the right to withdraw from the purchase agreement without giving a reason and without any penalty within fourteen (14) days:
a) from the receipt of goods;
b) if the subject of an agreement includes several kinds of goods or several partial deliveries, from the day of the receipt of the last delivery of goods, or
c) if the subject of an agreement includes regular and repeated deliveries of goods, from the day of receipt of the first delivery of goods.The time limit is deemed to have been respected if the Buyer sends a notice of withdrawal to the info@bonaloka.cz electronic service address.
9.3. In the withdrawal, the Buyer shall state that they are withdrawing from the purchase agreement, as well as the date of purchase, the order number and the account number for the refund. The Buyer may also use the sample form for withdrawal provided by the Seller that is available here.
9.4. The Seller shall notify the Buyer of the withdrawal in an appropriate manner; the Seller shall confirm the withdrawal via the Seller’s form without undue delay after its receipt to the Buyer.
9.5. Upon withdrawal, the Buyer shall send, without undue delay, no later than fourteen (14) days from the withdrawal from the purchase agreement, the goods received from the Seller by ordinary postal mail (not cash on delivery!) to the address of the Business premises.
9.6. No later than fourteen (14) days after withdrawal from the purchase agreement, the Seller shall return to the Buyer all funds, including the costs of delivery of the goods received from them under the purchase agreement, in the same way as they were accepted, unless agreed otherwise. The Seller is entitled to return the performance provided by the Buyer upon return of the goods or by other means, provided that the Buyer agrees to this and that no additional costs are incurred by the Buyer. If the Buyer selected a return other than the cheapest method of the goods delivery offered by the Seller, the Seller will refund the delivery costs in an amount corresponding to the cheapest method of goods delivery offered. The Seller is not obligated to return accepted funds to the Buyer before the Buyer hands over the goods to the Seller, or before the Buyer demonstrates that the goods were already sent to the Seller.
9.7. The Buyer acknowledges that they cannot withdraw from the purchase agreement in the case of goods specified in Section 1837 of the Civil Code, including quickly perishable goods and goods that following delivery were irretrievably mixed with other goods pursuant to item (e) and goods delivered in sealed packaging that were removed from the package and cannot be returned for hygienic reasons in accordance with item (g).
9.8. The Buyer shall be liable to the Seller for any reduction in the value of the goods that occurred as a result of the handling thereof in a manner other than that necessary for the purpose of familiarisation with their nature and properties. If, as a result of the Buyer’s actions, the Seller suffers damage, they are entitled to compensation. The Seller is entitled to set off this claim for damages against the Buyer’s claim for a refund of the Purchase price claimed upon withdrawal from the purchase agreement.
9.9. If a gift is provided with the ordered goods, the gift contract is concluded with a subsequent condition that, in the event the Buyer withdraws from the purchase agreement, the gift purchase contract shall also expire, and the received performance in the form of a gift becomes an unjust enrichment, which the Buyer is obliged to return together with and under the conditions applicable to the goods that were the subject of the purchase agreement.
9.10. If the Buyer redeemed a discount coupon (voucher) during the contract process and the Buyer withdraws from the purchase agreement, the discount voucher will no longer be valid and it can no longer be used for the purchase of other goods.
9.11. The Buyer acknowledges that the exercise of the Buyer’s right of withdrawal from the purchase agreement, which is contrary to the requirement of Section 6 of the Civil Code for fair conduct in business dealings, does not enjoy legal protection, in which case the right of withdrawal from the purchase agreement does not belong to the Buyer.
10. Buyer’s right as a Consumer to withdraw from the purchase agreement
10.1. The Buyer in the position of an Entrepreneur only has the right to withdraw from the purchase agreement if and to the extent that this right is granted to them by generally binding legislation, in particular the Civil Code.
10.2. The provisions of Articles 9.9, 9.10 and 9.11 shall apply to the Buyer in the position of an Entrepreneur when withdrawing from the agreement mutatis mutandis.
11. Final provisions
11.1. All legal relations between the Seller and Buyer are governed by the legal order of the Czech Republic, in particular the Civil Code, in effect. In the event of the existence of an international element the parties declare the Czech courts as the forum for resolving disputes, whereas the territorial jurisdiction of the court will be governed by the general court of the Seller.
11.2. The Seller hereby informs the Buyer in the position of a Consumer that the subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, registered office Prague 2, Štěpánská 567/15, postal code (PSČ) 120 00, website www.coi.cz. The Consumer also has the right to an out-of-court settlement of a consumer dispute from the purchase agreement through the on-line dispute resolution platform established by the European Commission on the http://ec.europa.eu/consumers/odr/ website. The European Consumer Centre Czech Republic, with its registered office at 2, Štěpánská 567/15, postal code (PSČ) 120 Prague 00, website: http://www.evropskyspotrebitel.cz is a 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).
11.3. The purchase agreement is made in the Czech language; the Seller only keeps it in electronic form and it is not accessible to third parties. These Business Terms and Conditions have only been made in the Czech language. Translations to other languages merely serve an informative purpose.
11.4. In case of doubt, in particular whether the goods were delivered or whether another act was performed, an extract from the Seller’s system or an authorised third party is decisive.
11.5. Unless otherwise specified in these Business Terms and conditions, all communications related to the purchase agreement must be in writing between the Seller and the Buyer, in particular:
a) Electronic means via e-mail. The message is considered to have been delivered when it is received on the incoming message server;
b) via a postal service provider. The message is considered to have been delivered at the time of receipt of the consignment by an addressee;
c) in person. The message is considered to have been delivered at the time of receipt of the consignment by an addressee.
11.6. Seller contact information: BONALOKA s.r.o., Prague 4 – Krč, Antala Staška 510/38, postal code (PSČ) 140 00, electronic mail address (e-mail) of the Seller: info@bonaloka.cz, i.e.: +420 225 988 008, unless stated otherwise on the Website.
11.7. Should any provision of these Business Terms and Conditions become invalid, ineffective or unenforceable, the validity, effectiveness or enforceability of other provisions shall not be affected.
11.8. The Seller shall be entitled to unilaterally change or amend the Business Terms and Conditions. This shall not affect the rights and obligations that originated during the effective term of the previous version of the Business Terms and Conditions. The Seller shall inform the Buyer of any change or addition to the Business Terms and Conditions by posting a notice on the Website.
11.9. These Business Terms and Conditions enter into force and effect on 1 February 2018.