Sometimes it can happen that the delivered email with the order ends up in the SPAM folder. It is therefore necessary to check junk mail as well. Thank you.

Terms and Conditions

1. Basic provisions

 

By submitting an order, you enter into a purchase contract with us. 

 

These General Terms and Conditions of Sale (hereinafter referred to as "Terms and Conditions") are issued pursuant to Sections 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") 

 

The operator of the shop is Alexej Martinka

Alexej Martinka

CIN: 09380582

VAT: CZ0203125604

Lesní 803, Orlová-Lutyně 735 14

Czech Republic

IBAN: LT32 3250 0461 9163 6270

SWIFT: REVOLT21

 

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 concludes a purchase contract outside his business activity as a consumer or within his business activity (hereinafter referred to as: "Buyer") through the web interface located on the website available at the Internet address Bomshop.cz (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 Agreement 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 the individual goods and their main characteristics, is given for each individual good in the catalogue of the online shop. The prices of the goods are inclusive of value added tax, all related fees and return costs. The prices of the goods remain valid for 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 presentation of the goods in the catalogue of the online shop is for information purposes only and the seller is not obliged to conclude a purchase contract in respect of 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.

 

3. Order and conclusion of the purchase contract

 

1. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) 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 shop, 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 is allowed to 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 information provided in the order is considered correct by the Seller. 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 email address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the seller. Notification of acceptance of the order is delivered to the buyer's email address.

 

6. In the event that any of the requirements stated in the order cannot be fulfilled by the seller, an amended offer is sent to the buyer's email 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 acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

 

7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller 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 quoting 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 a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email 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 such acceptance, the purchase contract for the product specified in the order is concluded between the Seller and the Buyer.

 

4. Customer account

 

1. Upon registration of the Buyer in the online shop, the Buyer may access his/her customer account. From his customer account, the Buyer can place orders for goods. The Buyer can also order goods without registration.

 

2. When registering for a customer account and when 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 information 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 is not responsible for any 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 cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement and these Terms and Conditions.

 

6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

5. Payment terms and product delivery

 

1. The Seller delivers the product digitally, by email or by sending it to the customer's account if registered. 

 

2. The method of payment of the product price will be chosen by the customer in the payment gateway GoPay.

 

3. The product price can be paid mainly by the following methods:

 

in advance 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 upon 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 from the Buyer in advance. Payment of the purchase price before shipment of the goods shall not constitute a deposit.

 

5. According to the Sales Records 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, and in case of 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 email address.

 

6. Withdrawal from the contract

 

1. If it is a digital product, you cannot withdraw from the contract without giving a reason once you have received it. 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 where a faulty code has been proven, the buyer is entitled to an exchange for a new one or a full refund of the purchase price. In this case, the claim must be made in writing via email to: support@bomshop.eu. In case of any confusion 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. In the event that the complaint is accepted, the Seller is obliged to replace the defective digital product with a new functional one or to refund the full amount corresponding to the price of the goods and the costs paid, in the same manner in which the payment was received from the Buyer.

 

7. Complaint handling

 

1. All complaints must be sent to support@bomshop.eu

 

2. The buyer is also entitled to withdraw from the contract at any time before delivery of the goods.

 

3. We retain a maximum of 5 working days to process a complaint.

 

8.  Delivery

 

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 provided in the Buyer's customer account or order.

 

9. Out-of-court dispute resolution

 

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

 

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 under 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 authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.

 

10. Final provisions

 

1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the 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 page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.

 

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. The Buyer shall not use any procedures in the use of the Online Shop that could have a negative effect on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the Online Shop and use the Online Shop or its parts or software in a manner that would be 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 arising during the period of validity of the previous version of the terms and conditions.

 

These terms and conditions shall take effect on 14.4.2020