Terms and Conditions
1. Basic provisions
By placing an order, you enter into a purchase contract with us.
These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
CEO of the shop is Alexej Martinka
Lesní 803, Orlová-Lutyně 735 14, Czech Republic
IBAN: LT32 3250 0461 9163 6270
Office competent according to §71 (2) of the Trade Licensing Act: Orlová Municipal Office
(hereinafter referred to as "the Seller")
2. These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at bomshop.eu (hereinafter referred to as: "online store").
3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.
These Terms and Conditions and the Purchase Contract are concluded in the English language.
2. Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main characteristics, is provided in the catalogue of the online shop. The prices of the goods are inclusive of VAT, all related charges and return costs. The prices of the goods remain valid as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
2. All presentations of the goods in the catalogue of the online shop are for information purposes only and the seller is not obliged to conclude a contract of sale for these goods.
3. Information on the costs associated with the transaction fee is published in the online shop. Any discounts on the purchase price of the goods cannot be combined with each other unless otherwise agreed between the seller and the buyer.
4. In the event of an incorrect price, the Seller offers the option to purchase the product at the actual price, with knowledge of which the Customer can decide whether to order the product at the actual price or cancel the order without any adverse legal consequences.
3. Order and conclusion of the purchase contract
1. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.
2. The buyer orders the goods in the following ways: through his customer account, if he has previously registered in the online store, by filling in the order form without registration.
3. When placing an order, the buyer selects the goods, the number of items and the method of payment.
4. Before sending the order, the buyer can check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the button: "payment". The Seller considers the information provided in the order to be correct. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and shall not be deemed to constitute the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after the Seller has accepted the order. Notification of receipt of the order shall be delivered to the Buyer's e-mail address.
6. In the event that the Seller is unable to meet any of the requirements set out in the order, the Seller shall send an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of the acceptance of this offer to the Seller's e-mail address specified in these Terms and Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Seller notifies the Buyer of the acceptance of the order. The Buyer may cancel an order by telephoning the telephone number or emailing the Seller as set out in these terms and conditions.
8. In the event that there is an obvious technical error on the part of the Seller in the price of the Goods in the Online Shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at such obviously incorrect price, even if the Buyer has been sent an automatic acknowledgement of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new proposal for the conclusion of the Purchase Contract and the Purchase Contract shall be concluded in such case by the confirmation of its receipt by the Buyer to the Seller's e-mail address.
9. For the avoidance of doubt, it is stated that orders cannot be deemed to have been accepted by their mere delivery to the Seller, but their acceptance by the Seller is always required for the conclusion of the Purchase Contract. The Seller may accept the order either electronically via email or user account or by directly sending the ordered product to the Customer. On the date of acceptance of the order, a contract of sale is concluded between the Seller and the Buyer for the product specified in the order.
4. Customer account
1. After the buyer has registered in the online shop, the buyer can access his customer account. The buyer can place orders for goods from his customer account. The Buyer can also order goods without registration.
2. When registering a customer account and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may terminate the user account, in particular if the Buyer no longer uses his user account or if the Buyer violates his obligations under the Purchase Agreement and these Terms and Conditions.
6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
5. Payment terms and delivery of products
1. The Seller shall deliver the product digitally, by email or by sending it to the Customer's account if registered.
2. The Customer shall choose the method of payment of the product price in the payment gateway.
3. The price of the product can be paid mainly by the following methods:
payment on delivery, by bank transfer, GoPay payment system, online payment or online payment card, in which case the product will be sent to the customer by email or to the customer's user account (or the product will be handed over to the customer at personal collection if agreed with the seller), but not before the price has been credited to the seller's account.
4. The Seller does not require any deposit or other similar payment in advance from the Buyer. Payment of the purchase price before dispatch of the goods shall not constitute a deposit.
5. Pursuant to the Sales Records Act, the Seller is obliged to issue the Buyer with a proof of purchase. He is also obliged to register the sales received with the tax administrator online, in the event of a technical failure within 48 hours at the latest.
6. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's e-mail address.
6. Product Warranty
In which cases can you exercise your right to a product warranty?
In the event of a defect in a movable item (Goods), you can choose between an accessory warranty claim or a product warranty claim.
What rights do you have under the product warranty?
Under the product warranty, you can only request the repair or replacement of the defective product.
In which cases is the product considered defective?
A product is defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the characteristics described by the manufacturer.
What is the time limit for claiming a product warranty?
You have two years from the date the product was placed on the market by the manufacturer to claim the product warranty. After this period, you lose this right.
Against whom and under what other conditions can you claim a product warranty?
You can only exercise your right to claim under the product warranty against the manufacturer or distributor of the movable object. To claim under the product warranty, you must prove that the product is defective.
In which cases is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its obligation to provide a product warranty if it can prove that:
- it has manufactured or placed the product on the market for purposes other than its business; or
- the defect was not detectable according to the state of science and technology at the time the product was placed on the market; or
- the defect in the product is due to the application of legislation or a binding official regulation.
It is sufficient if the manufacturer (distributor) proves one ground for exemption.
Please note that you cannot claim the warranty for the accessories and the product at the same time. However, if your product claim is successful, you may be able to make a warranty claim for a replacement product or repaired part from the manufacturer.
In what cases can you claim your warranty right?
According to Government Regulation No. 151/2003 (IX. 22.) on the compulsory warranty for certain durable goods, the seller is obliged to provide a warranty for the sale of new durable goods (e.g. technical goods, tools, machinery) listed in Annex 1 of this Regulation, as well as for their accessories and parts (hereinafter in this section collectively referred to as consumer goods) to the extent specified therein.
In addition, the Seller may also provide a warranty voluntarily, in which case the Seller must provide a warranty statement to the Buyer as Consumer.
The warranty statement must be provided to the Consumer on a durable medium at the latest at the time of delivery of the goods.
The warranty certificate must state:
- a clear statement that, in the event of defective performance of the goods, the Consumer is entitled to exercise the statutory rights under the guarantee free of charge and that these rights are not affected by the guarantee
- the name and address of the person responsible for the guarantee
- the procedure to be followed by the Consumer in exercising the warranty
- the identification of the goods covered by the guarantee; and
- the terms and conditions of the guarantee.
What are your rights under the warranty and within what time limits?
As a general rule, the consumer may request repair or replacement under the guarantee, or repair or replace the defect at the expense of the person responsible, or request a reduction in price, or ultimately withdraw from the contract if the person responsible has not undertaken to repair or replace the goods, cannot fulfil this obligation within a reasonable period of time without prejudice to the interests of the beneficiary, or if the beneficiary's interest in the repair or replacement has ceased to exist. The Buyer may, at its option, also make a repair claim directly at the Seller's registered office, at any of the premises, branches or service centres specified by the Seller on the warranty certificate.
7. Withdrawal from the contract
1. In the case of a digital product, it is not possible to withdraw from the contract without giving a reason once it has been delivered. The customer is obliged to accept this before purchase.
2. The buyer is entitled to withdraw from the contract at any time before delivery of the digital product.
3. In the event of a claim for a digital product for which a faulty code has been proven, the buyer is entitled to an exchange for a new one or to a full refund of the purchase price. In this case, the claim must be made in writing by email to: email@example.com. In case of any doubts regarding the digital product, the customer is obliged to contact our customer support, who will be happy to provide further information and answer any questions.
4. If the complaint is accepted, the Seller is obliged to replace the defective digital product with a new functional one or refund the full amount corresponding to the price of the goods and the costs paid, in the same manner in which payment was received from the Buyer.
5. In the case of contracts concluded between a consumer and an entrepreneur (hereinafter referred to as "consumer contracts"), the contracts shall be governed by the Civil Code.
8. Complaints handling
1. All complaints must be sent by the buyer to firstname.lastname@example.org.
2. The buyer is also entitled to withdraw from the contract at any time before delivery of the goods.
3. We allow a maximum of 30 working days to deal with a complaint.
1. The parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
10. Out-of-court dispute resolution
1. The Czech Trade Inspection Authority (Česká obchodná inspekcija), based at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. For the resolution of disputes between the Seller and the Buyer under the Purchase Contract, the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used.
2. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
3. The Seller is entitled to sell goods on the basis of a trade licence. The competent trade authority shall carry out trade controls within the scope of its powers. The Czech Trade Inspection Authority supervises, inter alia, compliance with Act No 634/1992 Coll., on Consumer Protection.
11. Final provisions
1. All contracts between the Seller and the Buyer shall be governed by the law of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the Parties agree that this relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyrights to the content, including the page layout, photographs, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or parts thereof without the seller's permission.
4. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. In using the Online Shop, the Buyer shall not use any practices that could adversely affect its operation and shall not engage in any activity that would enable it or third parties to interfere with or make unauthorised use of the software or other components comprising the Online Shop or use the Online Shop or any part thereof or the software in a manner contrary to its purpose or intent.
5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
6. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
7. The Seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the terms and conditions.
These terms and conditions come into force on 7/31/2023