OBCHODNÍ PODMÍNKY NÁKUPU NA WWW.BENICE-SHOP.CZ

Terms and Conditions

These General Terms and Conditions (referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (referred to as the “Civil Code”).

benice-shop s.r.o.
Company ID: 09877240
VAT ID: CZ09877240

Registered office: Belnická 758, Jesenice 252 42, Czech Republic

Contact person: Miroslava Poráčová
Email: mirka@benice-shop.cz
Telephone: +420 724 264 277
Website: www.benice-shop.cz

(referred to as the “Seller”)

These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the “Buyer”), via the web interface located on the website available at www.benice-shop.cz (referred to as the “Online Store”).

The provisions of these Terms and Conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.

These Terms and Conditions and the purchase contract are concluded in the Czech language.

Information on Goods and Prices

Information on goods, including the prices of individual products and their main characteristics, is provided for each product in the Online Store catalog. Prices remain valid for the period during which they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

All presentations of goods in the Online Store catalog are for informational purposes only and the Seller is not obliged to conclude a purchase contract regarding such goods.

Information on costs associated with packaging and delivery of goods is published in the Online Store. These costs apply only when goods are delivered within the territory of the Czech Republic.

Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the Seller and the Buyer.

Orders and Conclusion of the Purchase Contract

Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the purchase contract (e.g. internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.

The Buyer places an order in the following ways:

via their customer account, if they have previously registered in the Online Store,
by completing the order form without registration.

When placing an order, the Buyer selects the goods, quantity, method of payment, and method of delivery.

Before submitting the order, the Buyer is allowed to check and modify the data entered. The Buyer submits the order by clicking the “SUBMIT ORDER” button. The data stated in the order are considered correct by the Seller. The validity of the order is conditional upon completion of all mandatory fields and confirmation that the Buyer has read these Terms and Conditions.

Immediately after receiving the order, the Seller sends the Buyer confirmation of receipt of the order to the email address provided. This confirmation is automatic and does not constitute conclusion of the contract. The Terms and Conditions are attached. The purchase contract is concluded only upon acceptance of the order by the Seller. Notice of acceptance is sent to the Buyer’s email address.

If the Seller cannot meet any requirement stated in the order, the Seller sends a modified offer to the Buyer. This modified offer is considered a new proposal for a purchase contract, which is concluded upon confirmation by the Buyer.

All orders accepted by the Seller are binding. The Buyer may cancel an order until acceptance by the Seller. Cancellation may be made by phone or email.

In the event of an obvious technical error on the Seller’s side regarding the displayed price, the Seller is not obliged to deliver goods at such an incorrect price, even if an automatic confirmation was sent. The Seller will inform the Buyer without undue delay and send a modified offer.

By placing an order, the Buyer agrees to receive regular newsletters about news and promotions. Subscription can be cancelled by email at benice@benice-shop.cz

Customer Account

Based on registration in the Online Store, the Buyer may access their customer account and place orders. Ordering without registration is also possible.

The Buyer is obliged to provide accurate and truthful information and update it when changes occur. All data are considered correct by the Seller.

Access to the customer account is secured by username and password. The Buyer must keep this information confidential. The Seller is not responsible for misuse by third parties.

The Buyer is not authorized to allow third parties to use the account.

The Seller may cancel a customer account, especially if it has not been used for a long time or if the Buyer breaches contractual obligations.

The Buyer acknowledges that the account may not be available continuously due to maintenance.

Payment Terms and Delivery of Goods

The Buyer may pay the purchase price and delivery costs as follows:

bank transfer to account No. 123-424260287/0100 (Komerční banka) in Czech crouns or our EURO accont No. 131-2304770257/0100
payment card via payment gateway,
bank transfer via payment gateway,
payment card upon personal pickup by prior arrangement,
cash on delivery.

The Buyer is also obliged to pay packaging and delivery costs. Unless stated otherwise, the purchase price includes delivery costs.

For non-cash payments, the purchase price is due within 7 days of contract conclusion.

Payment obligations are fulfilled upon crediting the amount to the Seller’s account.

The Seller is obliged to issue a receipt in accordance with the Act on Sales Registration.

Goods are delivered:

to the address specified by the Buyer,
to a pickup point selected by the Buyer,
by personal pickup.

Delivery costs depend on the chosen method and are stated in the order confirmation.

The Buyer is obliged to accept delivery. Repeated delivery due to the Buyer’s fault must be paid by the Buyer.

Upon receipt, the Buyer must inspect the packaging and report any damage immediately.

The Seller issues a tax document (invoice), sent by email.

Ownership of the goods passes to the Buyer upon full payment and receipt. Risk of damage passes upon receipt.

Withdrawal from the Contract

A consumer Buyer has the right to withdraw from the contract.

The withdrawal period is 14 days:

from receipt of the goods,
from receipt of the last delivery,
from receipt of the first delivery in case of recurring delivery.

The Buyer may not withdraw from contracts concerning, among others:

services already provided with consent,
goods whose price depends on financial market fluctuations,
customized goods,
perishable goods,
sealed goods unsealed for hygiene reasons,
audio/video recordings or software with broken seals,
newspapers and magazines,
digital content delivered with prior consent,
other cases under Section 1837 of the Civil Code.

The Buyer must send the withdrawal notice within the withdrawal period.

The Buyer may use the model withdrawal form. The Seller confirms receipt without delay.

The Buyer must return the goods within 14 days and bears return costs.

The Seller refunds all payments within 14 days, using the same payment method.

If a more expensive delivery method was chosen, only the cheapest delivery cost is refunded.

The Seller may withhold refund until goods are returned.

Goods must be returned undamaged and clean. Compensation for damage may be offset.

The Seller may withdraw from the contract due to stock unavailability and will refund payments within 14 days.

Rights Arising from Defective Performance

The Seller is liable that goods are free from defects upon receipt.

If a defect appears within six months, it is presumed to have existed at delivery.

The Buyer may claim defects within 24 months, except for discounted or used goods.

In case of defects, the Buyer may request:

replacement,
repair,
price reduction,
withdrawal from the contract.

The Seller must handle complaints promptly and no later than within 30 days.

The Buyer has no rights if they knew of the defect or caused it themselves.

In case of a justified complaint, the Buyer is entitled to reimbursement of costs.

Legal relations are governed by the Civil Code and the Consumer Protection Act.

Delivery of Documents

Written correspondence may be delivered by email.

Out-of-Court Dispute Resolution

The competent authority is the Czech Trade Inspection Authority (ČOI).
The EU ODR platform may be used.

Final Provisions

All legal relations are governed by the laws of the Czech Republic.

The Seller is not bound by any codes of conduct.

All rights to the Seller’s website content are reserved.

The Seller is not liable for errors caused by third-party interference.

The Buyer assumes the risk of change of circumstances under Section 1765(2) of the Civil Code.

The contract is archived electronically and not publicly accessible.

The Seller may amend these Terms and Conditions.

An annex includes a model withdrawal form.

These Terms and Conditions become effective on 1 August 2022.