of the trade company
Bobovka s.r.o., Company ID No.: 06931359, VAT CZ06931359, headquartered at: Prosecká 906/34b, 190 00 Praha 9 – Vysočany, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File No. 291562.
Website: https://www.bobovadraha.cz.
SHORTENED VERSION – HOW IT WORKS
1. PURCHASE
Select a voucher and put it in the basket. Then enter your details and confirm the order. Pay immediately on-line.
2. VAT
Prices are shown incl. VAT.
3. ORDERS
All submitted orders are considered as binding. The purchase contract is concluded upon taking over the goods.
4. PAYMENT
On-line payment in advance.
5. COMPLAINTS
See full version below.
FULL VERSION
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- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter the “Terms and Conditions“) of the trade company Bobovka s.r.o. (hereinafter referred to as the “Seller“) govern the mutual rights and obligations of the parties arising out of or in connection with a purchase contract (hereinafter a “purchase contract“) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer“) via the Seller’s e-shop in accordance with § 1751 (1) of Act no. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code“). The e-shop is operated by the Seller at the website bobovadraha.cz through a web interface (hereinafter the “E-shop Web Interface“).
1.2. The Terms and Conditions also govern the rights and obligations of the parties related to the use of the Seller’s website located at bobovadraha.cz (hereinafter the “Website“) and other related legal relationships. Unless stated otherwise, the Terms and Conditions apply to both a Buyer who is a natural person and who concludes a contract with the Seller (hereinafter a “Consumer“) outside the scope of his/her own business activities or outside the independent performance of his/her occupation and a Buyer acting within the scope of his/her own business activities or in the independent performance of his/her occupation when ordering goods (hereinafter an “Entrepreneur“).
1.3. Within the framework of the Buyer’s order and its acceptance by the Seller, provisions deviating from the Terms and Conditions may be agreed upon. Deviating arrangements in an order accepted by the Seller or arrangements deviating from the Terms and Conditions that are agreed upon in another manner take precedence over the provisions of the Terms and Conditions.
1.4. A purchase contract consists of the Buyer’s order accepted by the Seller and these Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract, including the Terms and Conditions, is drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations valid during the validity period of the previous version of the Terms and Conditions.
- USER ACCOUNT
2.1. Based on the registration of the Buyer on the Website, the Buyer can access and order goods from his/her user interface (hereinafter the “user account“). The Buyer can also order goods directly from the E-shop Web Interface without registering.
2.2. When registering on the Website and ordering goods, the Buyer is obliged to ensure that all data entered is correct and truthful. The Buyer is obliged to update the details given in the user account if they change in any way. The data provided by the Buyer in the user account and when ordering goods is considered to be correct by the Seller.
2.3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality with regard to the information necessary to access his/her user account and takes due note of the fact that the Seller is not liable for a breach of this obligation by the Buyer. The Buyer is obliged to update the details given in the user account if they change in any way.
2.4. The Buyer is not authorized to allow the use of the user account by third parties.
2.5. The Seller may cancel the user account, in particular if the Buyer has not been using his/her user account for more than 6 months or if the Buyer breaches his obligations under the purchase contract (including the Terms and Conditions).
2.6. The Buyer takes due note of the fact that the user account may not be available continuously, in particular due to the necessary maintenance of the Seller’s hardware and software, or the maintenance of third-party hardware and software.
- CONCLUDING A PURCHASE CONTRACT
3.1. The E-shop Web Interface contains a list of goods offered for sale by the Seller, including the prices of the individual products offered. The prices of the offered goods are listed inclusive of value added tax and other related fees. The costs of packaging and shipping goods are specified separately. The offer of goods for sale and the prices of these goods remain valid as long as they are displayed in the E-shop Web Interface. This provision does not limit the Seller’s option to conclude a purchase contract with individually negotiated terms.
3.2. All presentations of goods placed in the E-shop Web Interface are informative in nature, and the Seller is not obliged to conclude a purchase contract for these goods. Goods are displayed as a call to place bids, the goods order is a purchase contract proposal. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.3. The E-shop Web Interface also includes information on the cost of packaging and shipping goods. Information on the costs associated with the packaging and shipping of goods that is given in the E-shop Web Interface is valid only in cases when the goods are delivered within the territory of the Czech Republic. In cases where goods are delivered to a country other than the Czech Republic, the individual conditions and the price of the transport must be agreed upon with the Buyer in advance at the e-mail address .
3.4. To order goods, the Buyer must fill in the order form in the E-shop Web Interface. The order form contains, in particular, information about:
- the goods ordered (the Buyer “places” the ordered goods into the electronic shopping cart of the E-shop Web Interface),
- the method of paying the purchase price of the goods, details about the required delivery method for the ordered goods and
- information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order“).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, even as regards the Buyer’s option to identify and correct errors made when entering the data into the order. The Buyer sends the order to the Seller by clicking on the “CONFIRM ORDER” button. The data provided in the order is considered to be correct by the Seller. Upon the receipt of the order, the Seller shall immediately confirm its receipt to the Buyer via e-mail, namely at the email address of the Buyer specified in the user interface or in the order (hereinafter the “Buyer’s Email Address“). The Buyer is obliged to ensure that the data entered into the order is correct and truthful. In order to correct errors made when entering data before the order is placed, the Buyer shall contact the Seller via email at the email address , where he/she shall specify the order number and the correct data.
3.6. The Seller is always entitled to request the Buyer for an additional confirmation of the order (for example, in writing or over the phone), depending on the nature of the order (quantity of goods, purchase price, and estimated transport costs).
3.7. The contractual relationship between the Seller and the Buyer is established upon the delivery of a confirmation of receipt (acceptance) of the order sent to the Buyer by the Seller via email to the e-mail address of the Buyer.
3.8. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. Costs incurred on the Buyer when remote means of communication are used in connection with the conclusion of the purchase contract (costs of Internet connection, costs of phone calls) are borne by the Buyer.
- PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract as follows;
- on-line (by payment card or wireless transfer) in advance
Payment by vouchers, in cash or using meal tickets is not accepted.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and shipping of the goods in the agreed amount. Unless stated otherwise, the term “purchase price” also includes the costs associated with the shipment of goods.
4.3. In the case of a cashless payment, the purchase price is payable within three days of conclusion of the purchase contract.
4.4. In the case of a cashless payment, the Buyer is obliged to pay the purchase price of the goods, and at the same time, state the variable symbol of the payment. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
4.5. The Seller is entitled to request the payment of the full purchase price before the goods are dispatched to the Buyer, in particular in the event that the Buyer fails to additionally confirm the order (Art. 3.6). The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.6. Any discounts on the price of goods provided to the Buyer by the Seller cannot be combined.
4.7. If it is customary in the given business relationship or if stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) to the Buyer based on payments made under the purchase contract. The Seller is a payer of value added tax. After the price has been paid, the Seller shall issue a tax document (invoice) to the Buyer and send it in printed form together with the shipment of goods. Upon a written request by the Buyer, the invoice may also be sent electronically to the Buyer’s Email Address.
4.8. Within the meaning of art. 4.7. and in case of voucher purchase, take-over of the goods means take-over of travel tickets for a particular voucher.
- CONSUMER’S RIGHT TO WITHDRAW FROM THE PURCHASE CONTRACT
5.1. The Consumer takes due note of the fact that he/she cannot withdraw from the purchase contract in the cases laid down in § 1837 of the Civil Code, in particular he/she may not withdraw from a purchase contract for the delivery of goods that are modified according to the Consumer’s wishes or for his/her person, from a purchase contract for the delivery of perishable goods as well as goods that are irreversibly mixed with other goods after delivery, from a purchase contract for the delivery of goods in sealed packaging which are removed from the packaging by the Consumer and cannot be returned for hygienic reasons, and from a purchase contract for the delivery of audio or video recordings or software if the Consumer has opened the original packaging.
5.2. Unless it is a case under Art. 5.1 or another case in which the Consumer may not withdraw from the purchase contract, the Consumer has the right withdraw from the purchase contract with a unilateral declaration in accordance with the provisions of Section 1829 (1) of the Civil Code and may do so within fourteen (14) from the date of receipt of the goods; in cases where several types of goods or the delivery of several parts are the object of the purchase contract, this period commences from the date of receipt of the last shipment of goods. A notice of withdrawal from the purchase contract must be sent to the Seller within the time limit specified in the previous sentence. To withdraw from the purchase contract, the Consumer may use a Form for withdrawal from the purchase contract by the Consumer provided by the Seller, which is available on the Seller’s Website. Withdrawal from the purchase contract may be sent by the Consumer to the address Bobovka s.r.o., Prosecká 906/34b, 190 00 Praha 9 – Vysočany or to the Seller’s e-mail address.
5.3. In the event of withdrawal from the purchase contract in accordance with Art. 5.2 of the Terms and Conditions, the purchase contract is terminated in its entirety. The goods must be returned to the Seller without undue delay, no later than within fourteen (14) days after the notice of withdrawal is sent to the Seller. If the Consumer withdraws from the purchase contract, the Consumer shall bear the costs associated with returning the goods to the Seller in all cases in which goods are returned.
5.4. In the event of withdrawal from the purchase contract in accordance with Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Consumer within 14 (fourteen) days of the Consumer’s withdrawal from the purchase contract and shall do so in the same manner in which it has received the funds from the Consumer. The Seller is also entitled to reimburse a performance provided by the Consumer when the goods are returned by the Consumer or in another manner, provided that the Consumer agrees and additional costs are not incurred on the Consumer. If the Consumer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Consumer before the Consumer returns the goods or proves that the goods have been sent to the Seller. The Seller reminds that if the Consumer withdraws from the contract, the Consumer shall bear the costs associated with returning the goods and, in the case of a contract concluded through remote means of communication, also the costs of returning the goods if these goods cannot be returned through the usual postal route.
5.5. The goods should be returned to the Seller without damage or wear and, if possible, in the original packaging. The Consumer takes due note of the fact that if the goods returned by the Consumer are damaged, worn or partially consumed, the Consumer is liable to the Seller for the reduced value of the goods resulting from the handling of these goods in a manner other than that necessary for becoming familiar with the nature, characteristics and functionality of the goods.
5.6. If a gift is provided to the Consumer together with the goods, the gift agreement between the Seller and the Consumer is concluded with a condition of cancellation, namely that if the Consumer withdraws from the purchase contract, the gift agreement becomes ineffective and the Consumer is obliged to return the gift to the Seller along with the goods. Gifts cannot be exchanged, and financial compensation cannot be demanded for their return in the event of a withdrawal from the purchase contract.
- TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of the goods is determined by the Seller, unless stipulated otherwise in the purchase contract. If the mode of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If personal hand-over of the goods has been agreed and the transport type “personal hand-over” is selected, the Buyer is obliged to respect the agreed place and time of hand-over. The Seller is entitled to withdraw from the purchase contract if with “personal hand-over“ selected the Buyer requires another place for hand-over or free transport or other transport types not agreed upon or paid by the Buyer.
6.3. If the Seller is obliged under the purchase contract to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.4. If it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order for reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, i.e. costs associated with the other method of delivery and any costs arising from damage of the goods due to repeated delivery.
6.5. Upon the takeover of the goods from the carrier, the Buyer is obliged to check the packaging for damage and inform the carrier without undue delay in the event of any defects. In the event that the packaging has damage indicating unauthorized intrusion into the consignment, the Buyer is not obliged to take over the consignment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the consignment containing the goods was intact.
6.6. Shipping is possible only within the Czech Republic, in Prague and in the Central Bohemia region. Transport to other countries or regions is not possible.
6.7. If the Buyer tries to select transport to a country or region not specified in para. 6.5., i.e., with the delivery address in another country or region, the order shall be cancelled. If such order is paid (on-line by payment card, wireless transfer, etc.), the paid sum shall be returned, however, any costs incurred by the Seller shall be subtracted.
6.8. If an alcoholic beverage is included in an order, the Driver or Seller shall verify the Buyer´s age according to his or her ID card or another state issued ID.
- RIGHTS FROM A DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties regarding rights from a defective performance are governed by applicable generally binding regulations (in particular, the relevant provisions of the Civil Code and the Consumer Protection Act).
7.2. The Seller is responsible to the Buyer for ensuring that the goods have no defects when taken over by the Buyer. In particular, the Seller is responsible to the Buyer for ensuring the following when the goods are taken over by the Buyer:
- that the goods have the properties agreed upon by the parties and, in the absence of an agreement, the properties described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and based on the advertising of the Seller or manufacturer,
- that the goods are suitable for the purpose stated by the Seller or the purpose for which goods of this kind are usually used,
- that the goods correspond to the quality or design of the sample or template agreed upon, provided that the quality or design was determined according to a sample or template agreed upon,
- that the goods are delivered in the corresponding quantity, amount or weight and
- that the goods comply with legal requirements.
7.3. The provisions of Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price because of a defect for which a lower price is agreed upon, to wear of goods caused by their normal use, and to used goods with a defect corresponding to the degree of use or wear of the goods when taken over by the Buyer or implicit in the nature of the goods.
7.4. In compliance with the Civil Code, para. § 619 – 627, the warranty period is ”8 days for sale of food. However, if the item, packaging or instructions of the goods to be sold contain a use-by date, the warranty expires upon this date.“ If a defect occurs before expiration of the recommended use-by date declared by the manufacturer, the Buyer is entitled to claim remedy of the defect.
7.5. A colour or structural difference in natural materials is not considered a defect of goods. Colour deviations resulting from the manufacturing process are not considered a defect either. Some products are originals and their colour or structure may partially differ from the photographs on our Website. The Buyer takes due note of the fact that the properties of materials (including colour properties) may change over time, in particular those of natural materials. More information can be found in the detailed description of the goods for individual products.
7.6. Other than the declared country of origin is not considered as a defect. If the country of origin is indicated in our e-shop, it is usually the country where the original raw material was produced, not processed or packaged. For some types of goods, the country of origin may vary or cannot be clearly identified. For some types of goods, such as Ahmad tea, for traditional reasons, the country of origin of the producer is indicated (here Great Britain), although the raw material comes from elsewhere (here India, Sri Lanka, etc.). For some types of goods, the country of origin varies depending on the season, and the information may not have been updated.
7.7. The rights of the Buyer arising from the Seller’s liability for defects are exercised by the Buyer at the seller’s address Bobovka s.r.o., Prosecká 906/34b, 190 00 Praha 9 – Vysočany. For the purposes of deciding on a claim, the claimed goods must be handed over to the Seller for assessment. The Buyer recommends sending complaints to the address Bobovka s.r.o., Prosecká 906/34b, 190 00 Praha 9 – Vysočany.
7.8. Other rights and obligations of the parties in the event of a complaint are governed by the COMPLAINTS PROCEDURE, which is annexed to these Terms and Conditions.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires the ownership title to the goods upon the payment of the full purchase price of the goods.
8.2. The Buyer takes due note of the fact that the software and other components comprising the E-shop Web Interface (including the photographs of offered goods) are protected by copyright. The Buyer undertakes not to engage in any activity enabling him/her or third parties to tamper with the software and other components comprising the E-shop Web Interface or use them without authorization.
8.3. When using the E-shop Web Interface, the Buyer is not authorized to use mechanisms, software, or procedures that may have a negative effect on the operation of the E-shop Web Interface. The E-shop Web Interface may only be used within a scope that does not infringe on the rights of the Seller’s other customers and is in line with its intended purpose.
8.4. The Seller is not bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1) e) of the Civil Code.
8.5. The Buyer takes due note of the fact that the Seller is not responsible for any errors resulting from third-party attacks on the Website or use of the Website that is not in line with its intended purpose.
8.6. The Seller handles Consumer complaints through the email address . The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s Email Address.
8.7. The extrajudicial settlement of Consumer disputes under a purchase contract falls under the jurisdiction of the Czech Trade Inspection Authority, headquartered at Štěpánská 567/15, 120 00 Praha 2, Company ID No.: 000 20 869, Internet address: www.coi.cz. The platform for the resolution of disputes on-line located at the Internet address www.ec.europa.eu/consumers/odr can be used for the resolution of disputes between the Seller and the Buyer under the purchase contract.
8.8. The Seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. In a defined scope, the Czech Trade Inspection Authority carries out, among other things, supervision over compliance with Act no. 634/1992 Coll., on Consumer Protection, as amended.
- PERSONAL DATA PROTECTION AND THE SENDING OF BUSINESS COMMUNICATIONS
9.1. The protection of the personal data of the Buyer, who is a natural person, is provided under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”), and implementing regulations.
9.2. Information on the processing of the Buyer’s personal data is contained in the document Information on the Processing of Personal Data. In the case of the personal takeover of the consignment by visiting the business premises, personal data is also processed by CCTV systems in accordance with information on the processing of personal data by CCTV systems.
- FINAL PROVISIONS
10.1. If a relationship related to the use of the Website or a legal relationship established by a purchase contract contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This does not affect the Consumer’s rights under generally binding legal regulations.
10.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced with a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase contract or Terms and Conditions must be in written form.
10.3. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.4. Contact data of the Seller: shipping address Bobovka s.r.o., Prosecká 906/34b, 190 00 Praha 9 – Vysočany, e-mail address , telephone +420 736 222 303.
10.5. These Terms and Conditions may be modified by the Seller at any time.
10.6. These Terms and Conditions are effective from 1. 5. 2021.
Prague, on 1. 5. 2021, Bobovka s.r.o.