|kI. Introduction regulation
These business terms and conditions (further „business terms and conditions“) adjust mutual duties and laws of contracting parties in agreement with regulation § 1751paragraph 1 law number 89/2012 Sb., civil code, that has arisen in connection or as agreed with contract of purchase concluded between the seller and the purchaser through the internet shop of the seller.
The seller is the company Balkanova, s.r.o., IČ 285 31 299, seated at Karoliny Světlé 321/23, Prague 1, 110 00, Czech Republic, ID 28531299 entered into the Commercial Register of the Municipal Court in Prague, Section C, insert 148378.
The purchaser is a different person, that acts beyond the purview of its conduct of business or beyond the purview separate execution of its occupation at the order of goods.
The internet shop is operated by the seller on the internet address https://balkanova.eco.
The regulation of business terms and conditions are integral to the contract of purchase. The contract of purchase acts according to business terms and conditions, valid and effective in the moment of sending order. The valid wording of the general terms and conditions is accessible to the purchaser during the order of goods in the internet shop and the purchaser has the opportunity to download the copy valid wording of general terms and conditions to archive and copy in PDF format on the internet address https://balkanova.eco/obchodni-podminky/.
The purchaser is obliged to acquaint with general terms and conditions before ordering goods. The purchaser confirms that he/she acquainted with these terms and conditions, that he/she agrees with their wording and that he/she accepts them in its fullness by sending the order of goods on the seller´s internet shop.
In the contract of purchase the seller and the purchaser can arrange regulation differing from general terms and conditions. Differing agreements in the contract of purchase take precedence over regulations in general terms and conditions
The contract of purchase is concluded and the terms and conditions are made out in Czech language.
|II. The conclusion of the contract of purchase
User interface of the internet shop contains information about the goods offered by the seller to sale, prices of particular offered goods included. The good´s prices are stated with VAT. The offer of goods sale and its price are in force during the time that they are displayed on the user´s interface of the shop. The shop´s user interface contains also information about costs connected with packaging and delivery of goods.
The purchaser orders goods from the seller´s internet shop on the shop´s web site by choosing the goods that he puts to the electronic shopping basket , and by designation of its quantity.
For the access to the internet shop sections that offer goods forbidden to sell to persons younger than 18 years, the purchaser is asked to confirm that he/she is older than 18 years.
After he/she finishes choosing goods, the purchaser fills delivery details and other order form terms and chooses the way of delivery and payment.
The purchaser can register in the internet shop and order from his/her customer account or he/she can order goods without registration.
While ordering goods, the purchaser is obliged to state correctly and truthfully all the data. The data stated in the order by the purchaser are considered correct by the seller.
Before the submission of the order, the purchaser is enabled to control and change entrance data that he/she entered in the order and the purchaser has the possibility to find out and correct mistakes that arised during data entrance.
The purchaser sends the order to the seller by clicking on the button „Send the order“. By sending the order, the purchaser confirms the correctness of all the mentioned data and his/her will to be obliged by the order. The sent order is binding for the purchaser.
After receiving the order, the seller confirms immediately its receiving to the purchaser on the e-mail address stated in the order or in the purchaser´s account by the purchaser. The contract of purchase is concluded between the purchaser and the seller by receiving this confirmation.
The seller is always authorised to ask the purchaser to confirm the order afterwards especially with regard to the character of the order, to the amount of the goods or the amount of the purchase price.
The concluded contract of purchase is saved in electronic form at the seller and it is not accessible.
The purchaser agrees with the usage of communication means at distance while ordering the contract of purchase. The purchaser´s costs to the usage of communication means at distance in connection with the conclusion of the contract of purchase (costs at the internet connection, costs at telephonic calls and the like) depend on the tariff of the telecommunication services in common height that the purchaser uses, and the purchaser pays for them alone.
|III. Customer account
On the basis of the purchaser´s registration done in the internet shop of the seller, the purchaser can access his/her customer account. The purchaser can order goods from his/her customer account.
During the registration to the customer account, the purchaser is obliged to state correct and truthful data and is obliged to update them when they change. The data stated in the customer account by the purchaser are considered as correct by the seller.
The access to the customer account is secured by the user´s name and password. The purchaser is obliged to keep secrecy concerning information necessary to access to his/her customer account. The seller does not hold the responsibility for possible misuse of the customer account by another person.
The purchaser is not entitled to enable usage of the customer account by another person.
The seller can annul the customer account especially in the case that the purchaser does not use his/her account any longer or in the case the purchaser breaks his/her obligations from the contract of purchase or these terms and conditions.
The purchaser acknowledges that the customer account does not have to be accessible ceaselessly, that is especially with regard to necessary service of the seller´s hardware and software.
|IV. Terms of payment and terms of delivery
The seller offers different terms of delivery and terms of payment to the purchaser and the seller adjusts and extends the offer continuously. Current offer of different means of delivery and payment and the information about costs connected with means of delivery and payment is accessible on the user interface of the shop. Means of delivery and payment possible for concrete order are present in the order form.
The goods are send on the territory of the Czech Republic and to other foreign countries. The current list of the countries is stated in the offer of means of delivery and in the ordering form.
The purchaser is obliged to pay also the shipment related with the delivery in the price agreed or costs related with the choice of payment to the seller together with the purchase price of the goods. Packing charges are not charged to the purchaser. If not stated explicitly differently, he purchase price includes hereafter also costs connected with goods delivery.
If not negotiated differently in the contract of purchase, the purchase price is payable while taking delivery in the case of cash payment or in the case of cash on delivery, the purchase price is due for payment up to 10 days from the conclusion of the contract. In case of cashless payment, the purchaser´s commitment is to pay the purchase price on the seller´s account, fulfilled in the moment of debit of relevant amount.
The seller is entitled to demand the payment of the whole purchase price including costs of delivery before the sending of the goods to the purchaser, especially in the case that the order does not happen to be additionally confirmed on the behalf of the purchaser. The regulation § 2119 paragraph 1 of the civil code is not used.
In the Czech Republic, the delivery time is 6 working days at the most from the order receipt on the grounds of the conclusion of the contract of purchase or from the receipt of the payment on the seller´s account, if the purchaser chose payment in advance, if not agreed differently with the purchaser in an individual case. In the case of delivery to other countries, the delivery time prolongs adequately. In the case that some goods will not be delivered in the stated time of delivery, the seller will contact the purchaser immediately and will arrange a different time of delivery or else the seller will enable the purchaser to back out of the contract.
In the case the means of goods delivery will be concluded differently as agreed according to the demand of the purchaser in the contract of purchase, the purchaser takes the risk and possible additional charges connected with these means of delivery.
The purchaser is obliged to receive goods during the delivery in the place of delivery that he/she decided in the order. If the purchaser does not accept delivery while delivering, the seller is entitled to back out of the contract of purchase and the purchaser is obliged to pay the costs of an unsuccessful delivery attempt to the seller.
If there will be arranged repeated delivery of the goods owing to the reasons on the behalf of the purchaser, the purchaser is obliged to pay the costs connected with the repeated delivery of the goods to the seller.
While taking delivery of the goods from the carrier, the purchaser is obliged to control that the package with the goods is not damaged and in the case of any defect, inform the carrier immediately. In the case the package is evaluated to be damaged that indicates that the package was got into without being authorised or in the case that the goods were stated to be damaged during the transportation, the purchaser does not have to accept delivery from the seller. By the acceptance of the delivery and the signature of the delivery note or of a document similar to it, the purchaser states that the package of the delivery that contains the goods was not damaged.
The purchaser becomes the owner of the goods when he pays all the purchase price of the goods, the delivery costs included.
The seller writes out the taxation document- the invoice to the purchaser. The taxation document is attached to the delivery goods.
According to the law of record receipt the seller is obliged to draw a receipt to the purchaser. At the same time the seller is obliged to keep a record of the received sale at the tax administrator online; in the case of a technical failure at the latest 48 hours after.
The seller draws receipts according to the law of record receipt electronically send by e-mail address of the purchaser, or in paper form, according to the chosen payment method and delivery method.
|V. Withdrawal from the contract of purchase
The purchaser has the right to back out of the contract of purchase concluded in a distance way in a time limit of fourteen days from the day of the goods receipt.
The purchaser sends to the seller the notice that the purchaser backs out of the contract of purchase in written form up to fourteen days from the goods takeover on the seller´s address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic, or on the seller´s e-mail address firstname.lastname@example.org. In the notice of the back out of the contract, the purchaser states his/her first name, surname, address, electronic address, phone number, and the number of the order, the date of the purchase and the bank account for the money-back.
If the purchaser withdraws from the contract of purchase, he/she sends or hands over the goods that he/she received to the seller without postponement, at the latest fourteen days from the contract withdrawer. The purchaser delivers the goods on the seller´s address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic. The goods must be delivered by the purchaser to the seller undamaged, complete, without any marks of usage or wear, clean and if possible in the original package, together with the purchase receipt. The goods must be well wrapped for the transport, so that it cannot be damaged. The purchaser will also use paper package or cartoon so that the original package could not be plastered, covered with writing or other damage during the transport. Do not send the returned goods cash on delivery, in that case the goods will not be accepted. We recommend to insure the goods.
If the purchaser withdraws from the contract, the seller gives him back all the money the delivery costs included that he/she received from the purchaser according to the contract at the latest fourteen days from the contract withdrawer. The purchaser agrees by the conclusion of the contract of purchase that the seller in the case of contract withdrawer according to these provisions gives back the received money by a cashless transfer on the account chosen by the purchaser.
In the case the purchaser chooses another than the less expensive means of delivery that the seller offers, the seller gives back the delivery costs corresponding to the less expensive offered means of goods delivery to the purchaser.
If the purchaser withdraws from the contract of purchase, the seller is not obliged to give back received money to the purchaser earlier than the purchaser transfers the goods or proves that he/she sent the goods to the seller.
In the case of withdrawer from the contract of purchase, the purchaser bears the costs connected with the giving back of the goods.
The purchaser is responsible for the reduction of the good´s value as a result of treatment with the goods in a different way than is indispensible for getting acquainted with the nature and the character of the goods its functionality included. The purchaser takes into account that if the returned goods will be damaged, worn out or partially consumed, there arises a claim of a compensation of damage from the purchaser to the seller. The seller is entitled to credit one-sidedly the right to payment of a damage that has arisen against the right of the purchaser to give back the purchase price.
The purchaser takes into consideration that if a gift was offered together with the goods, the gift contract between the purchaser and the seller is concluded with a term that if the purchaser withdraws from the contract of purchase, the gift contract loses effect and the purchaser is obliged to give back the gifts together with the goods. In the case they will not be returned, these values will be understood as unfounded enrichment of the purchaser.
The provision § 1837 of civil code defines in which cases the purchaser cannot withdraw the contract. The purchaser besides other things cannot withdraw the contract about delivery of goods that were arranged according to the wish of the purchaser or for himself, about delivery of goods in closed package that was opened by the consumer and it cannot be returned because of sanitary reasons and in other cases stated in § 1837 civil code.
The seller is entitled to withdraw the contract of purchase for the reasons of sell out of the store or inaccessibility of the goods. The seller informs immediately the purchaser about these facts by means of the e-mail address stated in the order. If the impossibility of delivery concerns only a part of the goods in the order, the seller contacts the purchaser by e-mail or telephone and verifies whether the purchaser will want to deliver the other goods in the order, or else he/she will enable the purchaser to withdraw the contract.
|VI. The rights from the defect execution
The rights and duties of the contracting parties regarding the rights that arise from the defect execution, and also the rights from the guarantee act according to corresponding generally obligatory juridical regulation (especially the provision § 2158 and also civil code and the regulation of the consumer protection), taking into consideration the specification in these business terms and conditions.
The seller is responsible in relation to the purchaser that the thing has no defects while taking delivery.
The purchaser is given the right to apply the right from defect that the thing had when taking delivery and that appears in the consumer goods within twenty four months from the delivery. The purchaser has to prove that the thing had a defect while taking delivery. If the defect becomes evident within six months after the taking delivery, it is supposed that the thing had a defect already while taking delivery.
If the thing has a defect, the purchaser has the right to have the defect removed free of charge. If it is not proportionate to the character or if the defect cannot be removed, the purchaser can claim also delivery of a new thing without defect, if it is not non proportionate in regard to the character of the defect, but if the defect concerns only a part of the thing, the purchaser can claim only the exchange of the part. If it is not possible, the purchaser can withdraw from the contract.
The purchaser has the right to have delivered a new thing or an exchange of a part of the thing also in the case a defect is removable, if he/she cannot use the thing properly because of a repeated occurrence of the defect after it has been repaired or in the case of a larger amount of defects. In that case the purchaser has the right to withdraw the contract.
If the purchaser does not withdraw from the contract or does not make use of the right to have delivered a new thing without defect the exchange of a part of the thing or reparation of the thing, he/she can claim an appropriate price reduction. The purchaser has the right to an appropriate price reduction also in the case the seller cannot deliver him/her a new thing without defect, exchange a defect part or repair the thing, also in the case that the seller does not put it right in an appropriate time or that it would cause difficulty to the consumer.
The purchaser will inform the seller which right he/she has chosen while stating the defect, or without needless postponement after the statement of the defect. The purchaser cannot change the chosen option without the agreement of the seller; this is not valid if the purchaser demands the reparation of a defect that emerged to be non repairable.
If the purchaser does not choose his/her right in time, the seller will remove the defects according to his/her choice, repairing the thing or delivering a new thing. If it is not possible, the fact that the right was not chosen in time will be considered as the choice of the right to withdraw the contract.
The right of the purchaser of the defect execution does not relate to worn out of the thing in a usual way.
The right of the defect execution does not appertain to the purchaser if the purchaser knew before taking delivery that the thing has a defect or if the purchaser caused the defect himself/herself.
The right of the purchaser from the defect execution does not apply especially to damage caused by mechanical damage of the product, excessive strain, usage of the product in conditions that do not respond to the temperature, dust, humidity, chemical or mechanical environment impact that is not usual, environment regarding to the character and apparent designation or appropriate for its usage, usage in contrary to the evident purpose of the product or the recommendation of the seller or producer, a unprofessional installation, manipulation, operation, manipulation or neglecting the care of the product, execution unauthorised intervention to the product or execution of adjustment by the purchaser, if the defect was caused by these adjustments, electrical overvoltage, then damage by natural elements or higher power.
The purchaser is obliged to examine and check the goods delivered by the seller without needless postponement after the goods receipt.
In the case of discovered defect of the goods, the purchaser is obliged to inform the seller immediately about these defects in written form on the address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic or electronically on the address email@example.com or by phone on the number +420 776 332 522.. The announcement about the defects must include the first name and the surname of the seller, the address, the phone contact, or else the e-mail, the number of the order and description of the complained defect.
The purchaser will send complained goods on own cost and risk and by recorded delivery on the address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic. The purchaser attaches a copy of defect announcement with the goods so that the parcel can be clearly identified. The purchaser presents a copy of the invoice or another document about delivery and payment of the goods that are claimed along with the complaint guidance. The purchaser wraps the claimed goods properly so that it would not be damaged during the transport. The parcel should be clearly labelled “COMPLAINT”. Do not send the complaint goods cash on delivery, in that case the goods will not be accepted. We recommend insuring the goods.
The seller has the right to refuse the acceptance of the claimed goods if the claimed goods or some parts of it are unclean, unless it is an usual uncleanness and until the proper handing over of the cleaned goods by the purchaser to the complaint guidance.
The moment of the complaint employment is considered the moment when the seller received the claimed goods from the purchaser.
The worker of the complaint department of the seller reviews the claimed defect and decides the legitimacy of the claimed good, if possible immediately, in difficult cases to three working days. The needed time appropriate to the review of the professional appraisal of the defect is not included to this time limit.
In the case of the claim denial the seller gives written reasons of the complaint reject to the purchaser.
After the receipt of the complaint, the seller puts out written acknowledgement to the purchaser about when the purchaser claimed the right, what is the content and what means of the complaint arrangement the purchaser requires, and ordinarily sending on the purchaser´s e-mail address, if another means are arranged.
The complaint, the defect removing included, will be handled without useless delay, at the latest 30 days from the day of the complaint employment, if the seller does not agree on a longer period with the purchaser.
The goods given to complaint will be controlled only on the defect stated by the purchaser.
After the handling of the complaint, the seller issues an acknowledgement about the date and way of handling the complaint to the purchaser, an acknowledgement of the repair execution and period of its duration included.
Depending on the means of execution of the complaint, the seller sends the complaint goods to the purchaser on the address notified by the purchaser or the seller sends the corresponding sum of money on the bank account notified by the purchaser.
If the purchaser does not accept sent delivery from the executed complaint and it will be returned back by the carrier to the seller, the purchaser is obliged to pay costs for repeated delivery, if the purchaser requests it, or he/she collects the goods from the executed complaint personally after a call phone agreement on the phone number +420 776 332 522 on the address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic. Repeated delivery of the goods from the executed complaint will be conditioned by the reimbursement of the costs from repeated delivery in advance on the bank account communicated by the seller to the purchaser.
In the case of complaint refusal, the purchaser will pay the costs for sending the goods of the costs to the seller. The sending of the goods from the complaint refusal is conditioned by payment of the costs for this sending in advance on the bank account communicated by the seller to the purchaser. On the non taken delivery, repeated sending, personal collecting in the case of refused complaint the same conditions are applied on the same conditions as on the goods from arranged complaint.
In the case of justified complaint the purchaser has the right according to § 1924 civil code. The right has to be employed until one month after time expiration in which the defect has to be reproached.
|VII. Extra juridical solutions of consumer´s disagreement
In the case there comes about a commencement of a consumer´s disagreement from the contract of purchase or the contract about service provision between the seller and the purchaser- consumer that does not manage to a mutual agreement, the consumer can give a proposal to an extra juridical solution of that disagreement intended for agent of consumer disagreement extra juridical solutions that is Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Štěpánská 15, 120 00 Praha 2, Czech Republic, Email: firstname.lastname@example.org, Web: adr.coi.cz
The consumer can also use the platform for on-line disagreement solution that is established by the European committee on the address http://ec.europa.eu/consumers/odr/.
The contact place according to Regulation of the European parliament and Council (EU) number 524/2013 from the day 21 of May 2013 about consumer disagreement solution on-line is European consumer centre Czech Republic, based in Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz
|VIII. Terms of personal data protection
By sending order from the internet shop of the seller, the purchaser confirms that he/she acquainted with these personal data protection regulation and that he/she accepts them in its entirety.
The seller undertakes to process personal data according to effective juridical regulations.
The seller is the administrator of personal data of the purchasers according to the regulation paragraph 4 article 7 European parliament and Council (EU) 2016/679 from the day 27th of April 2016 about the protection of natural persons in relation to the processing of personal data and to free movement of these data (general regulation about protection of personal data, hereafter “GDPR”). The controller can be contacted on the address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic or the phone number +420 776 332 522 or the electronic address email@example.com.
When ordering from the seller´s internet shop , the seller requires provision of personal data of the purchaser that are necessary for successful execution of the order, that is the first name, the surname, the address, the e-mail address, the phone number. The purchaser has no obligation to provide the personal data, but without the provision of personal data it is not possible to conclude the contract or to fulfil it by the seller.
The aim of processing personal data is the execution of the purchaser´s order and execution of the rights arisen from the contract of purchase concluded by the seller and the purchaser. The aim of personal data processing is also the operation of the user´s account if the purchaser registered in the internet shop of the seller. The aim of personal data processing is also sending of commercial information and the offer of trade and services. The rightful reason for personal data processing is the necessity for the fulfilment of the contract according to the article 6 paragraph 1 letter b) GDPR, the necessity of fulfilment juridical obligations of the seller according to article 6 paragraph 1 letter c) GDPR and rightful interest of the seller according to the article 6 paragraph 1 letter f) GDPR is the rightful interest of the seller processing of personal data for the aim of direct marketing.
From the side of the seller it does not come out to the decision based on automatic processing according to the article 22 GDPR.
The seller saves the purchaser´s personal data for a time necessary for exercise of rights and duties that arise from the contract of purchase concluded by the seller and the purchaser and exercise rights from that contract or during the time necessary for the execution of duties according to rightful legal regulation, as are for example accountant law, value added tax law or archiving law and record service. If a longer archiving period is not required by a law regulation to the controller, the seller saves personal data for a period 10 years the longest. Personal data concerning the customer’s account will be processed until the purchaser annuls them.
The receiver of personal data can be the carrier of goods ordered from the seller´s internet shop, the persons who arrange internet shop administration service for the seller and persons who arrange marketing services for the seller.
Personal data processing can be done for the controller by the processor with whom the controller has concluded the contract about personal data processing.
The purchaser has the right to access his personal data that are processed by the seller according to the article 15 GDPR, the right to correct his/her personal data, according to the article 16 GDPR, the right to delete personal data according to the article 17 GDPR, or the right to limit the processing according to the article 18 GDPR, the right to the portability of the data according to the article 20 GDPR, The purchaser has the right to object against processing according to the article 21 GDPR.
The purchaser has the right to raise a complaint at the Personal data protection office in the case that he/she presumes that his/her right to personal data protection was broken.
More about regulation of personal data protection see document of the seller Personal data protection regulation placed on the internet address https://balkanova.eco/osobni-udaje/ and accessible through the link placed on the foot of the internet shop web site.
The seller uses so called cookie for collecting anonymous data for analytical purpose and offering personalisation in his/her internet shop. The purchaser expresses his/her agreement with its usage by staying on the internet shop web site.
|IX. Final regulation
If the relation based by the contract of purchase contains an international (foreign) element, the parties then conclude that the relation acts upon Czech law. The choice of law according to the former sentence is not the purchaser, that is the consumer, deprived from the protection, that are provided by the regulation of legal code, that cannot be contractually deflected and that would otherwise be used in the case of non existence of the choice of law according to the regulation article 6 paragraph 1European parliament and council (ES) regulation number 593/2008 from the day June 17, 2008 about decisive law for contractual relations.
These business terms and conditions are valid and effective from 1.8.2018.
These business terms and conditions replace former version of business terms and conditions.
The seller can change or complement the version of business terms and conditions. The rights and obligations aroused during the time of effectiveness of former business terms and conditions version are not affected by it.
Former business terms and conditions versions are at one´s disposal on request at the seller.
The purchaser can be contacted on the address Balkanova, s.r.o., Karoliny Světlé 321/23, 110 00 Praha 1 – Staré Město, Czech Republic or the phone number +420 776 332 522 or the e-mail address firstname.lastname@example.org.