The Terms and Conditions of the online store
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AND. Initial provision In accordance with Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, mutual rights and obligations of the contracting parties, established in connection or under the Purchase Agreement concluded between the Seller and the Buyer through the Seller's online commerce. The seller is the company Balkanova, s.r.o., with its registered office at Karolina Světlá 321/23, 110 00 Prague - Staré Město, ID 28531299, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 148378. The buyer is another person who, when ordering goods, acts outside the scope of his business or outside the independent exercise of his profession. The online store is operated by the Seller on the Internet address https://balkanova.eco. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract is governed by the wording of the Terms and Conditions, valid and effective at the moment of sending the order. The valid wording of the Terms and Conditions is accessible to the Buyer during ordering goods in the internet shop and the buyer has the option to download and reproduce the valid wording of the Terms and Conditions in the PDF format at https://balkanova.eco/Obchodni-podminky/. The buyer is obliged to become acquainted with the terms and conditions before ordering the goods. By sending the order of the goods from the seller's online store, the buyer confirms that he has become acquainted with these Terms and Conditions, that he agrees with their wording and that he accepts them in its entirety. In the purchase contract, the seller and the buyer may arrange provisions deviating from the Terms and Conditions. Dispired arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions. The purchase contract is concluded and the terms and conditions are made in Czech. |
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II. The conclusion of the purchase contract The web interface of the online store contains information about the goods offered by the seller for sale, including the prices of individual goods offered. The prices of the goods are included including VAT. The offer of sales of goods and its prices remain valid as they are displayed in the web interface of the shop. The web interface of the shop also contains information about the costs associated with packaging and delivery of goods. The Buyer orders the goods from the seller's online store in the web interface of the store by selecting the goods, which they put into an electronic shopping cart and determine its quantity. To access the online store sections, which are forbidden to sell to persons under 18 years of age, the buyer is asked to confirm that he is over 18 years of age. After completing the selection of the goods, the buyer fills in the delivery details and any additional requirements of the order form and select the method of delivery and payment method. The buyer may register and order from his customer account in the seller's online store, or he can order the goods without registration. When ordering the goods, the buyer is obliged to provide all data correctly and truthfully. The data given by the buyer in the order are considered correct by the seller. Before placing the order, the buyer is allowed to check and change the input data it has invested in the order, and the buyer has the option to find out and correct errors incurred when entering data. The buyer sends the order to the seller by clicking the "Send Order" button. By sending the order, the buyer confirms the correctness of all data and to be bound by your will. The order sent is binding for the buyer. After receiving the order, the Seller shall confirm the buyer to the Buyer to the e-mail address specified by the buyer in the order or in the customer account. The purchase contract is concluded between the Seller and the Buyer. The Seller is always entitled, especially with regard to the nature of the order in terms of the amount of goods or the amount of the purchase price, to ask the buyer for an additional order confirmation. The concluded purchase contract is deposited with the seller in electronic form and is not accessible. The buyer agrees to the use of means of remote communication when concluding the purchase contract. The Buyer's costs for the use of remote communication funds in connection with the conclusion of the purchase contract (the cost of internet connection, the costs of telephone calls, etc.) are in the normal amount depending on the tariff of the telecommunications services used by the buyer and the buyer pays them himself. |
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III. Customer account Based on the buyer's registration made in the Seller's online store, the buyer may access his customer account. The buyer can order goods from his customer account. When registering in a customer account, the buyer is obliged to provide all data correctly and truthfully and is obliged to update them when they change them. The data given by the buyer in the customer account are considered correct by the seller. Access to the customer account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any abuse of the customer account by third parties. The buyer is not entitled to allow the use of a customer account to third parties. The Seller may cancel the customer account, especially if the buyer does not use his customer account any longer, or if the buyer breaches his obligations under the purchase contract or from these Terms and Conditions. The buyer acknowledges that the customer account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software. |
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IV. Payment and Delivery Terms The Seller offers the buyer to choose from several ways of delivery of goods and payment methods and continuously regulates and expand this offer. The current offer of possible delivery methods and possible payment methods together with information about the costs associated with given methods of delivery and payment is available from the internet shop environment. Methods of delivery and payments possible for a specific order are displayed in the order form. The goods are sent in the Czech Republic and other foreign countries whose current list is stated in the offer of delivery methods and in the order form. Together with the purchase price for the goods, the buyer is obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount, or the costs associated with the selected payment manner. Package is not charged to the buyer. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of the goods. Unless otherwise agreed in the purchase contract, in the case of cash payment or cash on delivery, the purchase price is payable at the receipt of the goods and in the case of cashless payment the purchase price is payable within 10 days of the contract. In the case of cashless payment, the buyer's obligation to pay the purchase price is met at the moment of crediting the relevant amount to the seller's account. The Seller is entitled, especially if the Buyer does not additional confirmation of the order, require payment of the entire purchase price, including delivery costs before sending the goods to the buyer. Section 2119 (1) of the Civil Code shall not apply. The delivery time in the Czech Republic is no more than 6 working days after receiving the order, on the basis of which the purchase contract was concluded or from receiving the payment to the Seller's account, unless the buyer chose to pay in advance, unless otherwise agreed with the buyer. When delivering to other countries, the delivery time is reasonably extended. In the event that some goods cannot be delivered in the delivery time, the seller will immediately contact the buyer and will arrange another delivery time, or will allow the buyer to withdraw from the contract. In the event that the method of delivery of the goods is agreed otherwise on the basis of the buyer's request, the buyer shall be of risk and any additional costs associated with such a delivery manner. The buyer is obliged to take over the goods at the time of delivery, which he determined in the order. If the buyer does not take over the goods when delivery, the seller is entitled to withdraw from the purchase contract and the buyer is obliged to pay the seller the cost of a failed delivery attempt. If repeated delivery of the goods is agreed on the part of the buyer, the buyer is also obliged to pay the seller the costs associated with repeated delivery of the goods. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the case of any defects to notify the carrier immediately. In the case of finding a breach of the packaging indicating the unauthorized intrusion into the shipment or in the case of finding damage to the goods during transport, the buyer does not have to take over the shipment from the carrier. By taking over the goods and signing the delivery note or document of a similar nature, the buyer confirms that the packaging packaging containing goods was intact. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods, including the costs of delivery of the goods. The Seller shall issue a tax document - an invoice to the buyer. The tax document is attached to the delivered goods. The tax document is attached to the delivered goods in paper form at the request of the buyer expressed in the order of goods in the electronic store. Otherwise, the buyer receives an invoice in electronic form in PDF format to the email address specified in the order. Pursuant to the Sales Registration Act, the Seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; In the case of a technical outage no later than 48 hours. The Seller issues receipts according to the Act on Records of Sales either in electronic form sent to the Buyer's e -mail address or in paper form, depending on the selected payment method and delivery method. |
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V. Withdrawal from the Purchase Agreement The Buyer has the right to withdraw from the Purchase Agreement concluded by a distance manner within fourteen days from the date of receipt of the goods. The notification that the purchase contract is withdrawn will send the buyer to the seller in writing within fourteen days of receipt of the goods to the Seller's address of the Balkanova, s.r.o., Karolina Světlá 321/23, 110 00 Prague 1 - Old Town or to the e -mail of the Seller info@balkanova.eco. In the withdrawal notice, the Buyer shall state his / her name and surname, address, e -mail address, telephone number, order number, purchase date and bank refund date number. If the buyer withdraws from the contract, he sends or hand over to the seller without undue delay, no later than fourteen days of withdrawal, the goods he received from him. The Buyer will deliver the goods to the Seller's Balkanova, s.r.o., Karolina Světlá 321/23, 110 00 Prague 1 - Staré Město. The goods must return the buyer to the seller undamaged, complete, without signs of use or wear, clean and, if possible, in the original packaging, along with the proof of the sales document. The goods must be properly packed for transportation so as not to damage it. The buyer also uses wrapping paper or cardboard so that it cannot be improved, description or other depreciation of the original packaging. Do not send return goods on delivery, in which case the goods will not be taken over. We recommend insuring the goods. If the buyer withdraws from the contract, the seller shall return the funds for the returned goods within fourteen days of withdrawal. When returning the goods, the Buyer may use free return to the Seller via the Mailing plant according to the instructions received by the buyer in e -shop emails confirming the sending of the order. By concluding the purchase contract, the Buyer agrees that the Seller, in the event of withdrawal from the contract in accordance with these provisions, return the funds received by cashless transfer to the account specified by the Buyer. If the buyer has chosen other than the cheapest method of delivery of the goods offered by the Seller, the Seller shall return the costs of delivery to the Buyer in the amount corresponding to the cheapest method of delivery of the goods. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the buyer hand over the goods or proves that he has sent the goods to the seller. In the event of withdrawal, the buyer shall bear the costs associated with the return of the goods. The Buyer is responsible for the reduction of the value of the goods due to the handling of this goods in a way other than that is absolutely necessary to become familiar with the nature and characteristics of the goods, including its functionality. The Buyer acknowledges that if the returned goods are damaged, worn or partially consumed, the Seller is entitled to damages to the Buyer. The Seller is entitled to unilaterally set off the claim for the reimbursement of the damages against the buyer's claim for the refund of the purchase price. The Buyer acknowledges that if a gift has been provided with the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the purchase contract, the gift contract is lost regarding such a gift and the buyer is obliged to return the gift to the seller. If they are not returned, these values will be seen as unjust enrichment of the buyer. Section 1837 of the Civil Code stipulates in which cases the buyer cannot withdraw from the contract. The Buyer cannot withdraw from the contract for the supply of goods regulated by the buyer's wishes or for his person, on the supply of goods in a closed packaging that the consumer removed from the packaging and for hygienic reasons cannot be returned and in other cases referred to in Section 1837 of the Civil Code. The Seller is entitled to withdraw from the Purchase Agreement for the sake of stocks or the unavailability of the goods. The Seller shall immediately inform the Buyer of this fact via the e-mail address specified in the order. If it concerns the impossibility of fulfilling only part of the goods from the order, the seller shall contact the buyer by e-mail or by telephone and verify that in these circumstances the buyer will be interested in the delivery of the remaining goods from the order or allow him to withdraw from the contract. |
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VI. The rights of defective performance The rights and obligations of the contracting parties regarding the rights arising from defective performance, as well as the rights of the warranty, are governed by the relevant generally binding legal regulations (in particular the provisions of Section 2158 et seq. The seller corresponds to the buyer that the item has no defects on receipt. The Buyer is entitled to exercise the right from a defect that the case was already taking and which will occur for consumer goods at twenty -four months after receipt. It is up to the buyer to prove that the item had a defect already on receipt. However, if the defect occurs within six months of receipt, it is considered that the thing was defective at the time of receipt. If the item has defects, the buyer has the right to free of charge defects. If this is not disproportionate due to the nature of the defect or if the defect is irremovable, the buyer may also require the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect is only part of the item, the buyer can only demand the replacement of the part. If this is not possible, the buyer may withdraw from the contract. The buyer has the right to deliver a new item or replacement of the part even in the case of a removable defect if it cannot properly use the item for repeated occurrence of defects after repair or for a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or if he / she does not apply the right to the delivery of a new item without defects, to replace its part or to repair the item, it may require a reasonable discount. The Buyer has the right to a reasonable discount even if the seller cannot supply him with a new item without defects, replace its part or repair the item, as well as if the seller does not remedy at a reasonable time or that the remedy of the consumer would cause considerable difficulties. The Buyer shall inform the Seller what right he has chosen, when notifying the defect, or without undue delay after the defect notification. The buyer cannot change the choice without the seller's consent; This does not apply if the buyer has requested a repair of a defect that turns out to be irreparable. If the buyer does not choose his right in time, the seller shall remove defects by repairing the item or by delivering a new item. If this is not possible, the non-election of the right of the Buyer will be considered in time as the choice of the right to withdraw from the contract. The Buyer's right of defective performance does not apply to the wear of the item caused by its usual use. The right of defective performance does not belong to the buyer if the buyer knew before taking the item that the item had a defect, or if the buyer caused the defect himself. The Buyer's right of defective performance does not apply in particular to damage caused by mechanical damage to the product, excessive burden, using the product in conditions that do not correspond to their temperature, dust, humidity, chemical or mechanical effects of the environment that is not common or adequate for its use. Product or recommendations of the seller or manufacturer, unprofessional installation, handling, operating, handling or neglect of product care, unauthorized intervention in the product or after the buyer's modifications, if the defect was created as a result of such adjustments, electric overvoltage. The buyer is obliged to inspect the goods delivered by the seller and check without undue delay after receipt of the goods. In the case of defects of the goods, the buyer is obliged to inform the seller immediately in writing at: Balkanova, s.r.o., Karoliny Světlá 321/23, 110 00 Prague 1 - Old Town or electronically at info@balkanova.eco or phone at +420 776 332 522. Buyer, address, contact phone, eventually e-mail, order number and description of the claimed defect. At the same time, the buyer sends the claimed goods at their own expense and the risk to the Balkanova address, s.r.o., Karolina Světlá 321/23, 110 00 Prague 1 - Staré Město. The Buyer will attach a copy of the notifications of defects so that the shipment can be clearly identified. For the complaint procedure, the buyer submits a copy of the invoice or other proof of delivery and payment of the goods whose defects are claimed. The buyer's claimed goods are properly packed to avoid damage during transport. The shipment should be visibly marked "complaints". Do not send goods to the cash on delivery, in which case the goods will not be taken. We recommend insuring the goods. The Seller has the right to refuse to accept the goods into the complaint, if the claimed goods or its components are contaminated, unless it is common, until the proper handover of the cleaned goods by the buyer in the complaint. The moment of claiming the complaint is the moment when the seller received the claimed goods from the buyer. The seller's complaint department will assess the claimed defect and decide on the merits of the complaint, if possible, immediately, in complex cases within three working days. This period does not include the time appropriate according to the type of product needed for the professional assessment of the defect. In the event of a rejection of the complaint, the seller shall issue a written justification for the buyer to reject the complaint. Upon receipt of the complaint, the seller issues a written confirmation to the buyer when the buyer exercised the right, what is the content of the complaint and what way the buyer requires the complaint, usually by sending to the Buyer's e-mail address, unless any other method agrees with it. The complaint, including the removal of the defect, will be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree for a longer period. The goods submitted for the complaint will only be checked for the defect specified by the buyer. After the complaint is settled, the Seller issues the Buyer a confirmation of the date and method of handling the complaint, including the confirmation of repair and its duration. Depending on the method of handling the complaint, the Seller shall send the goods to the Buyer from the complaint to the address notified by the buyer or send the buyer the relevant cash amount to the bank account notified by the buyer. If the Buyer sends the goods from the handled complaint and this is returned to the seller, the buyer is obliged to pay the seller the costs of repeated sending, if the buyer asks for it, or the goods from the handled complaint personally by telephone by phone number +420 776 332 522 321/23, 110 00 Prague 1 - Staré Město. Repeated sending of the goods from the settled complaint will be subject to the payment of the costs of repeated sending in advance to the bank account communicated to the buyer by the seller. In the event of rejection of the complaint, the buyer will pay the seller the cost of sending goods from the rejected complaint to the buyer. Sending the goods from the rejected complaint is subject to the payment of the costs of this sending in advance to the bank account communicated to the buyer by the Seller. Otherwise, the same conditions as the goods from the handled complaint are subject to the same conditions as the goods from the rejected complaint. In the case of a legitimate complaint, the buyer has the right pursuant to Section 1924 of the Civil Code. The right should be exercised within one month after the deadline for the defect must be reproached. |
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VII. Out -of -court settlement of consumer disputes In the event that the consumer dispute from the Seller and the Buyer - the consumer dispute from the Purchase Agreement or from the Services Providing Agreement, which cannot be resolved by mutual agreement, the consumer may submit an out -of -court settlement of such dispute to the design of the non -judicial consumer dispute resolution, the Czech Trade Inspectorate - the ADR department, Štěpánská 15, 120 00 Prague 2, Email: adr@coi.cz, Web: adr.coi.cz The consumer can also use a platform for dealing with disputes on-line, which is established by the European Commission at the address http://ec.europa.eu/consumers/odr/. The contact point according to the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the address of consumer disputes on-line, is the European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2 |
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VIII. Personal Data Protection Conditions By submitting an order from the seller's online store, the buyer confirms that he has become acquainted with these conditions of personal data protection and accepts it in the entire extent. The Seller undertakes to process personal data in accordance with applicable legislation. The seller is manager Personal data of buyers pursuant to Article 4 of point 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 of April 2016 on the protection of individuals in connection with the processing of personal data and on the free movement of such data (General Personal Data Protection Regulation, hereinafter referred to as “GDPR”). The administrator can be contacted at Balkanova, s.r.o., Karoliny Světlá 321/23, 110 00 Prague 1 - Old Town or on the phone number 776 332 522 or at electronic post office info@balkanova.eco. When ordering from the seller's online store, the seller is required to provide the buyer's personal data that are necessary for a successful order, namely name and surname, address, e-mail address, telephone number. The Buyer is not obliged to provide personal data, but it is not possible to conclude the contract or fulfill it by the seller without providing personal data. The purpose The processing of personal data is the processing of the buyer's order and the exercise of rights and obligations arising from the purchase contract concluded between the seller and the buyer. The purpose of the processing of personal data is to keep the user account if the buyer has made registration in the Seller's online store. The purpose of the processing of personal data is to send commercial communications and offer trade and services. By the statutory reason For the processing of personal data, it is necessary to fulfill the contract pursuant to Article 6 (1) (a). b) GDPR, necessity for fulfilling the seller's legal obligation pursuant to Article 6 (1) (a). (c) GDPR and the legitimate interest of the seller pursuant to Article 6 (1) (a). f) GDPR. The seller's legitimate interest is the processing of personal data for direct marketing purposes. The seller does not decide to be based on automated processing within the meaning of Article 22 GDPR. The Seller shall save the Buyer's personal data for the period necessary to exercise the rights and obligations arising from the Purchase Agreement concluded between the Seller and the Buyer and the application of claims from this Agreement or for the period of necessary to fulfill the obligations under applicable legal regulations such as the Accounting Act, the Value Added Tax Act. If a legal regulation does not require a longer archiving period after the administrator, the Seller shall save personal data for a maximum of 10 years. Personal data on customer account will be processed until the buyer cancels it. Personal data recipients may be carriers of goods ordered from the seller's online store, persons providing the service of the service of the online store and persons for the seller of marketing services. The processing of personal data may be carried out by the processor with which the controller has a contract on the processing of personal data. The Buyer has the right to access his personal data, which the seller processes, pursuant to Article 15 of GDPR, the right to correct personal data pursuant to Article 16 of GDPR, the right to delete personal data pursuant to Article 17 of GDPR, or the right to restraint processing pursuant to Article 18 of GDPR. The buyer has the right to object to processing pursuant to Article 21 of GDPR. The Buyer has the right to file a complaint with the Office for Personal Data Protection in the event that his / her right to the protection of personal data has been violated. On the conditions of personal data protection, see the Seller's Document Personal Data Protection Terms of Data, located on the Internet address https://balkanova.eco/osobni-udaje/ and available through the link located in the footer of the website of the online store. The seller uses an anonymous data to collect anonymous data, for analytical purposes and to personalize the offer in its online store called Cookies. By staying on the website of the online store, the buyer expresses their consent to their use. |
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IX. The final provision If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of the right under the previous sentence is not the buyer who is a consumer, deprived of the protection provided by the provisions of the legal order from which it cannot be contractually deviated, and in the absence of the election of the right otherwise use pursuant to Article 6 (1) of the Regulation (EC) No 593/2008 of 17 June 2008. These terms and conditions are valid and effective from 1.8.2018. These Terms and Conditions are replaced by the previous wording of the Terms and Conditions. The seller may change or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations arising during the effective date of the previous wording of the Terms and Conditions. The previous wording of the Terms and Conditions is available on request from the seller. The seller can be contacted at Balkanova, s.r.o., Karoliny Světlá 321/23, 110 00 Prague 1 - Staré Město or on the phone number 776 332 522 or at electronic post office info@balkanova.eco. |